Practice Areas
Industry
Brazilian Biodiversity

If you carry out scientific research or technological development with a sample of the Brazilian biodiversity or with associated traditional knowledge with such biodiversity, your activity is ruled by a new law imposing adjustments and new compliance rules. We are ready to assist and guide you through this important topic.

The new Brazilian Biodiversity Law (Law No. 13,123, in force since November 17, 2015, regulated by the Decree No. 8,772 dated May 11, 2016) is designed to simplify the extensive bureaucracy involved in prior authorization of access to genetic assets (GA) and associated traditional knowledge (ATK) prescribed by the extinct Provisional Measure No. 2,186-16 dated August 23, 2001.

To do so, it requires that the research or technological development involving access to GA and/or ATK be registered in the SisGen self-declaration system, along with information related to other associated activities involving genetic assets. Further, the Law imposes benefit-sharing if such access results in a product.

For example, the use of a raw material from the Brazilian biodiversity constitutes access to GA. Due to the emollient property thereof, it is used in the formulation of a moisturizing composition. If such emollient property has already been identified by indigenous people or traditional communities, it may also constitute access to ATK, even if accessed by secondary sources (e.g. publications and scientific articles). Put otherwise, it is possible to access the ATK without ever leaving the lab.

Our team is ready to help you with this task, and to work with ANVISA (National Agency for Sanitary Vigilance) and CGen (Genetic Heritage Management Council).

Litigation, Mediation and Arbitration

Throughout our thirty-year history, we have been representing clients in leading cases in the field of intellectual property, redesigning their jurisprudential boundaries.

Conflict resolution requires strategy construction and consistency of legal thesis. Our litigation, mediation and arbitration team is renowned for its agility and efficiency, with a high rate of favorable solutions for the legal departments of the largest companies of Brazil and the world.

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our litigators, contribute to the high rate of meaningful results for our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate under the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before all the most various Judicial and Arbitral Courts (national and international).

Agreements: Technology transfer, licenses and assignments

There are two ways of achieving technological solutions that improve the competitiveness of your business: own research and development or the acquisition of technologies from those who have already crossed this path. The construction of your business may also involve the purchase or licensing of third party intellectual property rights. We can advise you on negotiating, drafting and recording the necessary contracts.

The recordal or the registration of these contracts, whichever the case, before the Brazilian PTO is a condition for the contract to be enforceable by third parties and, in case of involving a Brazilian and a foreign party, the national company can benefit from tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in assessing and establishing the best contractual structure for the agreed business;
• in negotiating, drafting and reviewing contracts; and
• in registering or recording before the Brazilian PTO, if applicable.

Plant Varieties – Cultivars

Are new plant varieties or transgenic plants considered inventions? They may constitute innovation, however they are not patentable under Brazilian law. To protect them, they must be registered before the National Plant Protection Service (SNPC) and a Certificate of Cultivar Protection must be granted to its breeder, assuring the right of commercial reproduction in Brazil, and to prevent unlawful exploitation thereof.

Cultivars are plant species that were actively improved, acquiring a characteristic they did not previously possess. They stand out from other varieties of the same species by new descriptors (e.g. a difference in color, size or even resistance to a disease or agricultural pesticides/herbicides). They must also be homogeneous (the new characteristic should be the same between plants of the same cultivar) and stable (maintained over successive generations).

Through breeding, genetic assets can be accessed, and specific legislation must be abided by (see “Brazilian Biodiversity”).

Our firm has experienced experts capable of designing the best strategy for the protection of the cultivar and filing of the application before the SNPC. We also work with the Ministry of Agriculture, Livestock and Supply (MAPA) for obtaining the registration of a cultivar in the National Registry of Cultivars (RNC), and provide counsel in this technical area.

Industrial Design

Investing in the design of an object is seeking differentiation in relation to the other products of the market. Studies have shown that consumption choices are also based on emotions and that we tend to associate the attributes of functionality and efficiency with what is beautiful. The importance of the industrial design is already affirmed in several sectors, such as the field of packaging, bottles, flasks, furniture, lamps, jewelry and motor vehicles, among others.

In order for this investment not to be lost, it is advisable to proceed with the registration of the Industrial Design before the Brazilian PTO, protecting the external configuration of an object or an ornamental pattern applied to a product, if the conditions of novelty, originality and industrial application are met. The registration also guarantees exclusivity of use and constitutes a tool for exploring the design through sale or licensing to third parties.

Our firm has experienced specialists capable of designing the best strategy for protecting your design, in Brazil or abroad. Among other services, our counsel includes searches in specialized databases to check whether there is already a similar previous design, evaluation of risk of infringement and monitoring/following up Industrial Design Registrations of your competitors.

Copyright

The most diverse forms of artistic, literary and scientific expression produced by the human spirit constitute intellectual works protected by Law. Mere abstract ideas cannot be appropriated, but their forms of expression, materialized in physical or virtual environment, find shelter and legal protection. We know the importance of intellectual work and we are at your disposal to guide you on how best to safeguard your rights and defend them against potential infringements.

We act in the consultancy, contractual or/and litigation stages to protect your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you simply by obtaining possible registrations as proof of authorship and date, and by revising your employment contracts or service agreements that involve a creation subject of copyright.

Law and Technology

The Internet and other technologies constantly redefine the contemporary economy and require new legal solutions to new problems. In addition, the use and processing of personal data in current business activities is subject to legal regulation in Brazil and abroad, imposing constant adaptation of market agents and governments.

The so-called Digital Rights are designed to provide answers to changes in society’s behavior, the challenges of communication between individuals, as well as new ways of consuming and doing business. Our firm is at the forefront of these horizons, offering tailor-made services for each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and conflict with trademarks and corporate names, by arbitration or litigation;
• drafting and revising Terms of Use and Privacy Policies and Data Protection;
• regulatory compliance analysis with national and foreign standards related to privacy and data protection;
• analysis, revision and legal advice on contracts involving the processing of personal data, including national and international transfers;
• drafting and updating Internal Regulations on Information Security and Term of Use of Information Security;
• litigation involving data leaks, fraud, phishing and unfair competition, among others.

Franchises

Attractive investment opportunities? Beginning your own business? Franchise is the name given to a business relationship whereby an entrepreneur (franchisee) builds or assumes a business unit for which a successful model has already been created, tested and standardized by a third party (franchisor). We offer either party the necessary legal support in this initiative.

Under the franchise agreement, the franchisee receives not only a license to use different intellectual property rights of the franchisor – trademark, trade dress, know-how and others – but also a complex package of other licenses and services so that the ‘business’ as a whole can be operated in the manner as conceived by the franchisor. The agreement also protects such rights of the franchisor to preserve the reputation of its business.

We offer consulting and services focused on negotiating and regularizing your franchise.

Entertainment, Media and Sport

The demand for content has radically changed in Brazil and in the world. The new technologies have forced media and entertainment companies to review their business models and their mode of operating. Opportunities arise at a speed never seen before, demanding prompt legal solutions for the execution of cultural and sporting projects, with agility and safety.

Sporting and cultural events have a prominent place in Brazilian life and in the programming grids of online content broadcasters and distributors.

In the sporting field, the experience of hosting the 2014 FIFA World Cup and the 2016 Olympic Games, the two largest sporting events on the planet within such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities at their most diverse levels, facilitating the understanding of the commercial and legal issues of the sports and the entertainment industry.

In cultural production, the structuring of a system of fiscal incentives, coupled with the regulation of the media space regarding the nature of the content provided, has turned up several alternatives for the audiovisual, cultural and entertainment markets in general.

Our teams are equipped to provide legal, regulatory and administrative advice on projects of such nature, from structuring to tax planning, accountability, drawing up the entire contractual grid and presenting the defense in lawsuits related to this matter.

Fashion Law

Are you aware that intellectual creations in clothing, jewelry, shoes, accessories and the like can be protected as exclusive rights? Whether it is the originality of the design of a pattern or modeling, or the aesthetic innovation in existing forms or even for the development of technology applicable to the fashion industry, there are several legal possibilities for guaranteeing the exclusivity of these creations.

With the marked growth of the fashion industry in Brazil, the tenuous line between ‘copying’ and ‘being inspired in’ has become increasingly fragile. Conflicts and the need for protecting original creations and designer collections have multiplied.

Our firm has qualified professionals to assess each case and to design the best strategy for protecting your creations, and to prevent infringements, creatively exploring the legal remedies necessary for this vast and flourishing sector.

Legal Marketing

It is true that advertising is everything. Advertising creation requires suitable protection and contracts, and must comply with the rules of product and service advertisements of each segment. We are able to counsel you on the entire legal and regulatory framework that permeates advertising promotion, and to take appropriate action (before CONAR and courts) when an infringement occurs.

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in this field, based on the principle of fair competition. Whilst misleading advertising is forbidden, comparative is allowed, provided that certain requirements are met.

Our services involve both the construction of legal support strategies for your campaigns, from the drafting of contracts, the analysis of advertising claims for verifying potential disclosure risks, action before CONAR, defending the interests of our clients in the administrative ambit, up to measures before the Courts.

Innovation Law

To innovate is to seek new solutions to old problems, through investments, research and development, with the aim of securing gains in quality, efficiency or productivity. These activities and the possibilities of partnership between private initiative and research institutions are governed by the Innovation Law. Our team is fully qualified to provide all legal support on this matter.

The Innovation Law in force has created a friendlier regulatory environment, broadening dialogue between companies – players with market knowledge – and universities – centers of applied knowledge, and is designed to stimulate initiatives in the country’s productive and technological development. The products of innovation projects can be protected by intellectual property rights. We are prepared to assist you with the:

• analysis and protection of your innovations, by taking the appropriate legal steps;
• drafting, reviewing and negotiating contracts and documents related to the preservation of secrecy and/or any partnerships between private companies and universities and/or any public bodies;
• risk analysis and consultancy.

Trademarks

What makes your product or service unique and recognized in the eyes of a customer? How do you show the market that such product or service bears the quality you have built? The trademark is the sign that distinguishes your products or services so that they stand out from those of competitors. Only by regular registration before the Brazilian PTO can you guarantee use of your trademark for individualizing what it offers.

A trademark is every distinctive sign that allows customers to associate a product or service to its origin and differentiates it from others, identical or similar, on the market. In Brazil, any visually perceptible signs can be registered as trademark: words, figures, symbols, a combination of these elements, and even three-dimensional forms.

Registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate channel to gain the property right over your trademark and, as a consequence, the right to prevent others from using the same or similar sign for identical or akin products or services. As a rule, registration is obtained by whoever first files the application. Therefore, as important as creating a trademark is the proper protection thereof.

Our team has broad experience to advise you and guide you through all necessary steps and measures, from prior strategy to availability searches for obtaining the registration. Moreover, we act in the construction of anti-piracy programs in conjunction with customs authorities nationwide.

Patents

Have you invented? Innovated? Solved a technical problem by developing a new and non-obvious technology? Then your development may be eligible for patent protection, the proper legal instrument to safeguard the exclusive use of an invention. We know how to navigate the bureaucratic and technical labyrinth, both legal and scientific, from the conception of the technology under development, to potential judicial issues. We also assist in the placement or implementation of the product.

Patents describe inventions – solutions to a specific technical problem – and are granted provided that they encompass new technologies, are non-obvious to a person skilled in the art, and have industrial application.

Our office has seasoned specialists capable of designing the best strategy to protect your invention, from drafting the application, to the filing before the National Institute of Industrial Property – Brazilian PTO and/or abroad. Our services further include:

• searches in specialized databases to check for impeditive prior rights;
• risk of infringement assessment of your competitors’ patents;
• strategies for protection and use of the invention abroad;
• monitoring/follow-up of patent applications of your competitors;
• construction of anti-piracy programs in conjunction with customs authorities nationwide;
• working with ANVISA (National Health Surveillance Agency) and CGen (Genetic Assets Management Council) as necessary.

Trade Secrets and Confidential Information

Patenting an invention requires the disclosure thereof in exchange for the grant of exclusive exploitation for a certain period of time, after which the patent object falls within the public domain and may be freely exploited by third parties.

Oftentimes, an entrepreneur has no interest in disclosing his/her invention in the patent protection system. Other times, information on the business itself must be kept secret. We are able to assist you in building a strategy and a secrecy regime.

We know how to keep your secret by protecting it and taking the necessary measures in case of undue disclosure by drawing up confidentiality agreements and, if necessary, taking legal action.

Software

It is not only our daily routine of production chains of the most varied technological sectors that are permeated by software programs: personal computers, smartphones and tablets, televisions, refrigerators, elevators, automatic gates, microwave ovens and even cars and airplanes are now operated and controlled by software. The Internet of Things (IoT) asserts itself as reality for the right.

In this scenario of constant innovation, adequate protection is essential for those who develop or acquire the right to use software programs. Our team works in all spheres of software protection, from source code, screens, functionalities and interfaces, to basic algorithm, as well as the contractual structure that permeates the development and use of computer programs.

Agribusiness

Food, agricultural pesticides, cutting-edge equipment, gene constructs and new cultivars. All the technologies and the most diverse services can be related to this sector, with Brazil being one of the most important worldwide players. We have a staff of experts and experienced lawyers to solve your legal issues in this field.

Agribusiness spans across all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. This complex and regulated universe extends from research and development of vaccines, veterinary drugs, cultivars and strains, to the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at the service of the quest for increased productivity. With a view to exclusive protection and exploitation of these new technologies, we act together with our clients in all stages and legal aspects of these innovation processes.

Automotive

The automotive industry keeps a watchful eye on consumers' constant pursuit of new designs, features and technologies, both for sustainability and connectivity of transport vehicles, and is under continuous innovation. Our group of engineers and lawyers are fully aware of the dynamics and needs of this industry and have extensive experience in the protection of intellectual property rights.

Security cameras, hybrid technologies, more efficient and less polluting engines, and car Internet systems are just some of the significant advances made in recent years. Protecting the evolution of the automotive manufacturing and supply industry requires a multidisciplinary IP team. From determining the competitive scenery of new products to developing successful litigation strategies, our trial-ready professionals are proficient at supporting our clients in this sector.

Biosimilars

Under accelerated development in the country, the biosimilar drug industry faces numerous challenges, such as the limits imposed by third-party rights and the rules derived from public policies in the health area. We are able to address and overcome these challenges, advising clients on contractual partnership strategies to potential court proceedings.

Our vast experience in intellectual property enables us to provide sound advice in protecting the activities of the biosimilar drug industry, in the most varied problems and challenges.

Biotechnology

The use of fermentative bacteria in food and the development of antibodies for the production of vaccines are examples of the presence of biotechnology in the most different spheres of our lives. Precisely because of the variety of applications, due to the high costs and the time required to achieve results in this complex sector, it is imperative to safeguard intellectual property rights.

Protection of new technologies has been essential to the development of this industry and remains key to its continued growth. The knowledge of our office in the area of Intellectual Property, together with the experience in biochemistry, chemistry and biology of our professionals, provides our staff with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining rights to contractual and judicial disputes.

Pharmaceuticals

How to ensure incentive and protection for research, investments and solutions related to the field of greatest importance for the preservation and improvement of health and life? If, on the one hand, thousands of people depend on developments in this area, on the other hand, there are numerous obstacles to new medicines reaching the market, from clinical trials to regulatory approval. Our team is unique in its strength and capacity to legally support the pharmaceutical development activity.

The accelerating pace of new discoveries and their commercial applications require a broad understanding of intellectual property protection, industry experience and specificities to understand the scientific and strategic implications of these developments. We have an understanding of the law, the science and the business of this industry, providing the most diverse technical and legal services pertinent to each engagement.

Energy

The energy sector has raised concerns about global supply, with increasing environmental demands and with uncertain and often rising costs of traditional energy sources. This industry is constantly seeking innovation in alternative energy and clean technology markets. Our team has the bench strength to help customers protect and leverage energy-related technologies.

Public and private investments in technologies that produce renewable, clean, efficient and affordable energy and environmental technologies continue to grow. In turn, the Brazilian PTO offers fast-track examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have far-reaching counseling experience in this segment on the most diverse legal demands of this industry.

Electrics / Electronics

We live in a world immersed in electric/electronic technology. Appliances, equipment and devices for the most diverse applications not only guarantee basic needs but also respond to the increasingly complex requirements and needs of consumers who seek comfort and efficiency. Our skilled team can devise strategies, negotiate contracts and protect your intellectual property rights in this competitive market.

The current framework favors innovations in this area, which must be adequately protected to ensure the return on investment in research and development. We offer the freedom to carry out searches, patentability analysis and drafting of patent applications, where appropriate, to drafting of contract structures that permeate the very innovation and business in such industry. In the event of conflicts with third parties, we act assertively in litigation proceedings.

Sports and Fitness

The sports and fitness industry has been expanding its offer of products and services beyond traditional boundaries. Our critical mass of lawyers is familiar with preparing, protecting and enforcing your intellectual property rights, whereby enabling companies to remain competitive in a fast-paced and ever-changing marketplace.

Nowadays, society is seeking improvements in health and quality of life with sustainable and efficient products. A variety of performance and lifestyle products are part of this market, from smartphone applications to smart data measurement watches for competing athletes. Our team of lawyers and specialists is accomplished at proposing strategies and legal solutions suited to the growing needs of this market.

Luxury

The growth of luxury consumption in Brazil in the last decade has brought to our market the same levels of sophistication as the international centers of these prestigious products, ranging from clothing, jewelry, watches, and perfumery and even to exquisite alcoholic beverages. Our experience in this segment allows us to devise and construct ingenious strategies for the legal protection of these creations.

Our professionals are able to furnish coordinated legal advice and assist clients in protecting their creations and trade-dress, mainly using our particular expertise in three-dimensional marks, industrial designs, copyright and the protection of business secrets.

Fashion

Brazil is one of the largest textile producers in the world and the fashion industry is among the primary generators of jobs in the country. This market is characterized by diversity and transformation, as well as the growing expansion in digital commerce. Responding to these challenges, safeguarding the adequate protection of creations and technologies, is our specialty.

In the fashion industry, technological advances have provided improvements, such as quality, precision and speed of production. The reality of this sector, from the new generation of intelligent factories to the clothes and objects made by 3D printers, requires professionals who command a broad knowledge of Intellectual Property. Multidisciplinarity and creativity of solutions are the hallmarks of our legal practice for several clients in this area.

Oil and Gas

The oil and gas industry is constantly changing. Concerns about reducing costs, increasing safety and protecting the environment are driving the advancements in this segment, from exploitation, field and pipeline development to refinement. As companies develop new technologies, an effective plan for protecting valuable intellectual property assets is essential.

We offer a solutions-based approach to Intellectual Property protection in this area, be it structuring technology transfer contracts, licensing rights, organizing operating units, obtaining patents and trademarks and taking legal action when necessary.

Consumer Products

The universe of consumer products is constantly expanding and companies never cease to invent, manufacturing and selling products that respond to the growing needs and demands of consumers, satisfying their choices and tastes. Protecting the technology and identifying new products is vital for survival in this competitive marketplace. Our bright team understands the accelerated pace of development of this industry, the mutable needs of consumers and the power of a strong trademark.

In the search for innovation, speed, elegance and improved quality of life, companies have created a range of product options for the market, and this has generated fierce competition for shelf space and consumer loyalty. We have a wealth of experience in this industry, which encompasses cosmetics, food and beverages, health and beauty, nutrition, sports equipment, electronics and others. Our team is on-call to provide legal advice in the most varied stages of developing products and manufacture technologies, marketing and advertising of the never-ending novelties offered to the market.

Chemistry

From basic compounds to sophisticated and first-class products, the chemical industry plays a key role in how we live and what we consume. Developments in chemistry lead to new solutions not only for what we dress and eat but also for raw materials of high technology products in several segments: communication, transportation, medical equipment, etc.

We strive to protect the Intellectual Property rights associated with chemical innovations; whether it is a new compound, a new combination of chemicals or a special formulation. Our team is comprised of lawyers and specialists in chemistry, chemical engineering and biology and we offer experienced legal advice on all aspects of research and development, innovation and protection of inherent intellectual property.

Telecom

What would life be like today without smartphones, the Internet, satellites, television and radio? These technologies, which facilitate both the dissemination of information and interaction between people, require specific regulation and challenge the boundaries of the current parameters of conflict resolution and rights balance. We have a highly qualified team to advise you on such matters.

In a scenario of an increasingly connected and globalized world, companies of the most varied sizes and purposes are faced with the inescapable need to protect innovations or nurture their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunication patents have increased dramatically over recent years and, in one way or another, the issues at stake affect the reality of your business.

Our team has specialized engineers and lawyers who can advise you on strategy building, risk assessment and conflict resolution.