Technology Transfer Agreement and Franchising

We examine and tailor licensing agreements involving the exploitation of the intellectual property rights and technology transfer, as well as address specific clauses, legal controversies and opinions issued by the examiners of the INPI during recordation proceedings. For the rendering of such services, we hold a strong knowledge on the fiscal field, the foreign exchange control, regulations of the Brazilian Central Bank and other laws and peculiarities that permit us to guide our clients on the secure and effective remittances of royalties overseas with lessen tax impact, as well as draft strategies to ease the payment and/or receipt of remuneration from the use overseas of Brazilian technologies and intellectual property rights.

Within our practice in contracts, we may elaborate and guide joint-ventures and transfer of assets of companies, and act before the Economic Development and Administrative Council (CADE), the National Institute of Industrial Property (INPI), the Brazilian Central Bank and the Ministry of Industry and Foreign trade, among others.

We hold experience in the participation of negotiations in technology transfer and licensing agreements to assist our clients in the legal matters and the applicable rules that greatly influence the parties’ interest to license such technologies. Yet, we lead the recordation proceedings of technology transfer (trademark licensing, patent exploitation, supply of technology, technical assistance and franchising) before the INPI and at the Brazilian Central Bank.

We have professionals with knowledge in franchising and that render services to Brazilian and foreign franchisor for more than 15 years so that foreign franchisor may exploit adequately its franchise system in the Brazilian territory and obtain the royalties and the Brazilian franchisors may adequately format their business and move ahead to the internationalization. Among the legal assistance linked to franchising, we highlight our expertise in the elaboration, revision and “tropicalization” of the Franchise Disclosure Circular and agreements, besides the elaboration of relevant documents for the exploitation of franchising, such as the by-laws of franchisor, confidentiality agreements, Board of Franchisees etc.

The consulting services disposed by our firm also cover the representation of franchisors before the Ethical Board of the Brazilian Association of Franchising (ABF).