Practice Areas
Industry
Brazilian Biodiversity

If you perform 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 in 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) aims 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 (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, wherein it should be further informed the other associated activities involving the genetic assets. Also, the Law imposes benefit sharing if such access results in a product.

It constitutes access to GA, for example, the use of a raw material of the Brazilian biodiversity, which due to its emollient property, 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). That is, it is possible to access the ATK without ever leaving the lab.

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

Litigation, Mediation and Arbitration

Throughout our thirty years of 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, by the legal departments of the largest companies of Brazil and of the world.

Our practice is based on our knowledge and experience of structuring innovative and solid theses, which, together with the qualification of our team, contribute to the high index of favorable results to our clients.

Always seeking less costly and faster solutions for our clients, we act to avoid the need for lawsuits if this is appropriate to the circumstances of the conflict. Nonetheless, whenever necessary we are prepared to act assertively and efficiently before the most diverse 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: your 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 the negotiation, preparation and recordal of 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 the tax deductibility of payments and send them abroad.

Our specialized team can help you:

• in the assessment and establishment of the best contractual structure for the agreed business;
• in negotiation, drafting and review of contracts; and
• in the registration or recordal process before the Brazilian PTO, if applicable.

Plant Varieties - Cultivars

Are new plant varieties or transgenic plants considered invention? They may configure innovation, however they are not patentable according to our legal system. For their protection, it is foreseen the registrations before the National Plant Protection Service (SNPC) and the granting of a Certificate of Cultivar Protection to its breeder, assuring the right to commercial reproduction in Brazil, as well as to prevent its undue exploitation.

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

Through breeding, access to genetic assets could be made, and specific legislation shall be respected (read about “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), we also provide advice in this technical area.

Industrial Design

Investing in the design of an object is seeking differentiation and being in evidence 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 in the field of packaging, bottles, flasks, furniture, lamps, jewelry, motor vehicles, among others.

In order for this investment not to be lost, it is advisable 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 present. 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. Our advice includes, among other services, searches in specialized databases for verifying if 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 to best safeguard your rights and defend them against possible infringements.

We act in the consultancy, contractual or/and litigation stages for protecting your rights in relation to one of your most valuable assets: the intellectual creation. We may assist you from simply obtaining possible registrations as a proof of authorship and date, to the revision of 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 aim to provide answers to changes in the society behavior, the challenges of communication between individuals, as well as new ways of consuming and making business. Our firm is at the forefront of these horizons, offering custom-made services to each industry, such as:

• protection of domain names, including solutions to conflicts in cases of cybersquatting and collision with trademarks and corporate names, by arbitration or litigation;

• drafting and revision of 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;

• elaboration and update of the Internal Regulation of Information Security and Term of Use of Information Security;

• litigation involving data leaks, fraud, phishing, unfair competition, among others.

Franchises

What are these inviting investment opportunities or the beginning of your own business? Franchise is the name given to a business relationship whereby an entrepreneur (franchisee) builds or assumes a business unit whose “success model” has already been created, tested and standardized by a third party (franchisor). We offer either party the necessary legal support for 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 other – 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 way of acting. 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 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 in such a short time, have resulted in the maturing not only of private sector professionals but also of governmental authorities on 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 as to the nature of the contents made available, enabled several alternatives of audiovisual, cultural and entertainment market in general.

Our teams are ready to provide legal, regulatory and administrative advice on projects of such natures, from their structuring to tax planning, accountability, elaboration of the entire contractual grid and defense in lawsuits in this matter.

Fashion Law

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

With the undeniable growth of the fashion industry in Brazil, the tenuous line between the copy and the inspiration became increasingly fragile. Conflicts and the need for protection of original creations and collections of designers have multiplied.

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

Legal Marketing

It is true that advertising is everything. Advertising creation requires suitable protection and contracts, besides of compliance with the rules of products and services advertisements of each segment. We are ready to advise you on the entire legal and regulatory framework that permeates advertising promotion, as well as to take appropriate actions (before CONAR and courts) when an infringement is perpetrated.

CONAR regulates advertising in Brazil, being responsible for the establishment and application of ethical rules in said field, based on the principle of fair competition. Misleading advertising is forbidden, but 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 eventual risks in their media placement, the action before CONAR, for defending the interests of our clients in the administrative scope, to the measures before the Courts.

Innovation Law

Innovate is seeking new solutions to old problems, through investments, research and development, aiming for 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 the dialogue between companies – players with market knowledge – and universities – centers of applied knowledge, aiming to stimulate the productive and technological development initiatives in the country. The products of innovation projects can be protected by intellectual property rights. We are prepared to assist you as to the:

• analysis and protection of your innovations, by appropriate legal institutes;

• 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 autarchies;

• risk analysis and consulting on the theme.

Trademarks

What makes your product or service unique and recognized before the eyes of a customer? How do you point out to the market that such product or service presents the quality you have built? The trademark is the sign that distinguishes your products or services, avoiding their confusion with the competitors’. Only by regular registration before the Brazilian PTO you guarantee that only you can use your trademark for individualizing what it offers.

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

The registration before the National Institute of Industrial Property (Brazilian PTO) is the appropriate means to provide you the right of property on your trademark and, as a consequence, the right to prevent any others from using the same or similar sign for the same or similar products or services. As a rule, the registration is checked by the one that first takes care of registering it. Therefore, as important as creating a trademark, it is its suitable protection.

Our team has extensive experience to advise you and guide you on all necessary steps and measures, from prior strategy, availability searches for obtaining the registration. In addition, we act in the construction of anti-piracy programs before the customs authorities of the whole country.

Patents

Have you invented? Innovated? Solved a technical problem by developing a new and non-obvious technology? Then it is possible that your development is eligible for patent protection, a suitable legal instrument to safeguard the exclusive use of an invention. We know the bureaucratic and technical labyrinth, both legal and scientific, to act from the conception of the technology in development, to possible judicial matters, also assisting in the placement of the product or implementation of the pr

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

Our office has experienced specialists capable of designing the best strategy for the protection of your invention, acting from the drafting of 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 for verifying if there are impeditive prior rights;

• risk of infringement assessment of your competitors’ patents;

• strategies for protection and use of the invention abroad;

• monitoring/following up patent applications of your competitors;

• construction of anti-piracy programs before customs authorities across the country;

• work with ANVISA (National Health Surveillance Agency) and the CGen (Genetic Assets Management Council) when necessary.

Trade Secrets and Confidential Information

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

Often, the entrepreneur has no interest in disclosing its inventions in the patent protection system. In other situations, information of the business itself shall 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 its undue disclosure, by drawing up confidentiality agreements and, if necessary, by taking legal actions.

Software

Not only our daily routine as the productive chains of the most varied technological sectors are permeated by softwares. Personal computers, smartphones and tablets, televisions, refrigerators, lifts, 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, it is essential to adequately protect those who develop or acquire the right to use softwares. Our team is prepared to work in all spheres of software protection, from its source code, its screens, functionalities and interfaces, to the 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 such sector, having Brazil as one of the most important worldwide players. We have a team of experts and experienced lawyers to solve your legal issues in this business.

The agribusiness encompasses all activities of the agro-industrial chain of production and coproduction of products derived from agriculture and livestock. In this complex and regulated universe, are encompassed the research and development of vaccines, veterinary drugs, cultivars and strains, as well as the sophisticated process of genetic improvement of animal and plant species. The biotechnology is at service of the quest for increased productivity. Concerned with the 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 is observant to consumers' constant pursuit of new designs, features and technologies, both for sustainability and connectivity of transport vehicles, and remains in continuous innovation. Our team of engineers and lawyers are deeply aware of the dynamics and needs of this industry and has extensive experience in protecting its 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 the determination of the competitive scenery of new products to the development of winning litigation strategies, our professionals are prepared to support our clients in this sector.

Biosimilars

In an 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 meet these challenges, advising clients from the strategy of contractual partnerships to possible court proceedings.

Our vast experience in intellectual property allows us to travel safely in the advice and protection of the activities of the biosimilars drug industry, in the most varied problems and challenges.

Biotechnology

The use of fermentative bacteria in food and 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 matter of such area, it is imperative to safeguard intellectual property rights.

Protection of new technologies has been essential to the development of this industry and remains the 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 team with the necessary resources to support and advise companies operating in this segment, in questions of the most diverse complexities, from obtaining of rights to contractual and judicial demands.

Pharmaceutical

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 has extensive experience and capacity to legally support the pharmaceutical development activity.

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

Energy

The energy sector has raised concerns about global supply, with increasing environmental demands and with uncertain and often increasing costs of traditional energy sources. This industry is constantly seeking innovation in the alternative energy and clean technology markets. Our team is prepared to help customers to 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. The Brazilian PTO, in turn, offers alternative ways for expediting examination of the so-called “green patents”, encompassing technologies for energy supply, under certain conditions. Our lawyers and specialists have extensive experience in this segment to advise 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 team is ready to structure 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 from freedom to operate searches, patentability analysis and drafting of patent applications, if applicable, to drafting of contract structures that permeate the very innovation and business in such industry. In case of conflicts with third parties, we act assertively in the litigation proceedings.

Sports and Fitness

The sports and fitness industry has been expanding its offer of products and services beyond traditional boundaries. Our team is prepared to develop, protect and enforce your intellectual property rights, 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 ready to offer strategies and legal solutions appropriate 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 of the international centers of these prestigious products that encompass clothing, jewelry, watches, perfumery and even exquisite alcoholic beverages. Our experience in this segment allows us to think and construct creative and appropriate strategies for the legal protection of these creations.

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

Fashion

Brazil is one of the largest textile producers in the world and the fashion industry is among the first 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 with a broad knowledge of Intellectual Property. Multidisciplinarity and creativity of solutions guide 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 comprehensive approach to Intellectual Property protection in this area, whether structuring technology transfer contracts, licensing rights, structuring the operating units, obtaining patents and trademarks and legal action when necessary.

Consumer Products

The universe of consumer products is constantly expanding and companies do not stop inventing, manufacturing and selling products that respond to the growing needs and demands of the consumer, satisfying their choices and tastes. Protecting the technology and identity of new products makes it vital to survive in this competitive marketplace. Our 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 a better quality of life, companies have created a range of product options available in the market, and this has generated fierce competition for shelf space and consumer loyalty. We have extensive experience in this industry, which encompasses cosmetics, food and beverage, health and beauty, nutrition, sports equipment, electronics and others. Our team is ready to provide legal advice in the most varied stages of the development of products and manufacture technologies, marketing and advertising of the endless 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. The 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 work 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 are ready to advise you legally on all aspects of research and development, innovation and protection of inherent intellectual property.

Telecom

What would life be like today without smartphones, Internet, satellites, television and radio? These technologies, which both facilitate 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 this matter.

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 structure their relationships with solution providers, aiming to guarantee competitiveness against other players and consolidate their market space.

Judicial disputes involving telecommunications patents have increased dramatically in 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.