Technology Transfer, Licensing and Franchising

Our multidisciplinary team handles all steps related to negotiating, drafting, reviewing and registering Technology Transfer Agreements before the National Institute of Intellectual Property (INPI), whenever such registration is required.

Technology transfer agreements must be registered with the INPI to guarantee certain effects, such as: obtaining official authorization to remit payments abroad owed by local companies; obtaining the deductibility of payments for corporate income tax purposes when the remittances are made by companies which adopt the “actual profits” tax method; and ensuring contract validity vis-à-vis third parties (erga omnes effects).

Technology Transfer Agreements include the following types of contracts:  Trademark License Agreements, Patent License Agreements, Know-How Transfer Agreements, Technical Assistance Service and Franchise Agreements. The market looks increasingly promising for these types of agreements, each with different characteristics, effects and regulations.

We also review various types of agreements in different areas (Distribution, Copyright, Partnership, Taylor-Made, Services, Marketing Consultancy, Research & Development, as well as any other agreement that involves the licensing or transfer of intellectual property rights).