Our team has wide and recognized experience in the negotiation, legal analysis, drafting and revision of all type of contract, including contracts of transfer of technology, contracts involving copyrights and software, contracts according to the Innovation Law, contracts of assignment and licensing of industrial property rights, contracts involving the creation of websites, contracts with advertising agencies, contracts involving authorization of use of image and voice etc.
Transfer of technology contracts
Technology is an important tool for the development of economy and competition. Technological advance provides growth, productivity, increases the markets and improves life quality of the people.
The Brazilian Industrial Property Law no. 9279/96 determines that the Brazilian PTO shall carry out with the registration of contracts that involve technology transfer. The five technology contracts that must be registered before the INPI are the following:
- Exploration of Patents;
- Use of Trademarks;
- Supply of Technology (Know-how);
- Technical Assistance Services and/or Respective Service Invoices;
Our advising includes the elaboration and the analysis of licensing contracts of intellectual property rights and technology transfer, the elaboration of legal opinions on matters involving this issue, as well as the registration of the aforesaid contracts before the Contracts Board Department of the Brazilian PTO.
The registration of such contracts at the Brazilian PTO is necessary to:
- a)have effects on third parties;
- b)make the remittance of royalties to foreign countries feasible;
- c)allow tax deduction of royalties payments.
Contracts involving copyrights and software
We negotiate, draft and review contracts involving the total or partial assignment, as well as license to exploit or use intellectual works.
We provide full assistance in the negotiation and preparation of license agreements for the use of computer programs, as well as assignment agreements, including in relation to the programmer/developer of the program and the ordering company.
Contracts according to the Innovation Law
The Innovation Law (Law nº 13.243 / 2016) governs the legal relationship between public companies and universities in scientific and technological research, providing for possible types of contracting, highlighting:
- Contract for the provision of specialized technical service between Institution of Scientific and Technological Research and service provider;
- Partnership agreement between Institution of Scientific and Technological Research and company for scientific and technological research activity;
- Technology transfer and licensing agreement.
We provide full advisory services in the negotiation and drafting of contracts and agreements provided for in the Innovation Law, especially in matters related to intellectual property.
Assignment agreements of industrial property rights
Industrial property rights (trademarks, patents and industrial designs) are considered chattel for all legal purposes and thus may be partially or totally assigned.
These assignment agreements must necessarily be registered before the Brazilian PTO, including in order to produce effects before third parties.
We advise our clients in the negotiation, drafting and registration of the assignment agreements before the Brazilian PTO.
We have great experience in the negotiation and drafting of coexistence agreements between trademarks, enabling the use and registration of trademarks in cases where there is no infringement and/or likelihood of confusion in the market.
Contracts involving the creation of websites
Websites are considered to be copyrighted multimedia works, consisting of a set of texts, sounds, fixed or animated images, computer programs etc.
We negotiate and draft all necessary contracts and authorizations of use, minimizing eventual contingencies in relation to the use of the website.
Contracts with advertising agencies
Some cautions are important in the negotiation of contracts involving the creation of advertisements and advertising campaigns, including aspects related to exclusivity, ownership of intellectual property, responsibility for hiring artists, models and obtaining the respective authorizations of use of intellectual property rights and personality, among others.
We have extensive experience in the negotiation and drafting of this type of contract, in order to safeguard both the interests of the contracting companies and the advertising agencies.
Non disclosure agreements
In negotiations involving the disclosure of confidential information, such as: technical and commercial data and information, business plans, customer lists etc., it is always recommended that, before disclosure of information, be signed a Non Disclosure Agreement, in order to protect both the receiving party and the revealing part of the information.
We have expertise in negotiating and drafting confidentiality agreements, regardless of the complexity of the negotiation.