The current policy by the Brazilian Government of incentive to innovation and the creation of fomentation agencies have increased the demand for partnerships and cooperation agreements between public and private companies with universities and research centers for the development of technological innovations.
In this sense, there is the Act Nº 11.196/05 regarding tax incentives to the Research and Development of Technological Innovation and the Innovation Act Nº 10.973/2004, which regulates the public-private partnerships and encourages the technological development by granting benefits to the companies with public financing, tax credits, deductions etc.
Our firm operates with advising and legal orientation on all aspects involving cooperation and technological innovation agreements, intermediating the negotiations between entrepreneurs and both public and private institutions and elaborating opinions and contracts that protect the rights on the outcomes of the development researches. We also provide services regarding the following topics:
We provide full assistance in the negotiation and drafting of contracts and agreements according to the Innovation Law, especially in the aspects related to intellectual property, especially contracts for the provision of specialized technical service between Institution of Scientific and Technological Research and company that takes the services; partnership agreements between Institution of Scientific and Technological Research and company for scientific and technological research activity; and technology transfer and licensing agreements.
The protection of vegetal varieties, known as “cultivars” is regulated in Brazil since 1997 by Act Nº 9.456/97. Such law grants a specific certificate that acknowledges the intellectual property rights on the result of a combination of vegetal varieties and also grants the exclusive right on the exploration for a period that may vary from 15 to 18 years, depending on the specimen.
We offer highly qualified professionals, operating in all the stages and procedure of a protection application of new varieties before the National Service of Cultivars Protection (SNPC) of the Ministry of Agriculture.
Access to biodiversity
The world biodiversity encompasses a wealth of genetic heritage. Flora and fauna in the Brazilian territory represent 15% of the world’s biodiversity, possessing the largest genetic variety in the world.
The Convention on Biological Diversity (CBD) is an important international forum for defining the legal and policy framework for biodiversity issues and issues. Brazil has been a signatory of the CBD since 1994 and since then has been striving to fulfill all the commitments made, such as control and repression of Biopiracy, encouraging projects and studies on biodiversity, agility in the analysis of patents on sustainability, among other measures, attracting researchers and investors in this area.
We provide complete legal advice related to access to genetic resources and traditional knowledge, as well as acts with the Genetic Heritage Management Council (CGEN) and before Environment Authorities (IBAMA).