araripe@araripe.com.br | +55 (24) 2103-2200 

araripe@araripe.com.br | +55 (24) 2103-2200 

Licensing and Technology Transfer

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Licensing and Technology Transfer

Technology Transfer is a common market practice as a form of developing innovation. It can be in an isolated form or part of a corporative transaction as well as a larger outsourcing. In ARARIPE, our Technology Transfer and Licensing team guarantees that these forms occur in the fastest, most secure, and efficient way possible, making sure that the appropriated rights are maintained and that our clients’ interests are fully met.

We work in direct collaboration with our clients before, during and after the Technology Transfer process. We offer personalized strategies, meeting the clients’ demands, forming long-lasting and solid partnerships.

 

What is a License of Use?

It is permission to use a specific Intellectual Property asset, under certain conditions such as: payment of a specific sum and/or compliance with certain conditions on the part of the Licensee voluntarily agreed to by both parties, with the intent to generate more business opportunity for the parties involved.

What is Technology Transfer?

Technology Transfer is a process of the transferring scientific and technological knowledge between the parties involved. The contracts between these parties involve intangible assets which are not delt with under the Industrial Property Law. The contracts may take different forms, such as: supply contracts, which refer to know-how and services agreements on technical assistance related to knowledge and competencies or technical solutions transfer. This may include training or technical capacitation in a specific form.

Contracts that can be registered with the Brazilian Patent and Trademark Office:

License to exploit patent or design, trademark license, technology supply contract, technical and scientific assistance service, franchise contract, and patent, design and trademark assignments.

Effects of the registration with the Brazilian Patent and Trademark Office:

In order to guarantee that it will be enforceable against third parties, the contract must be registered with Brazilian PTO, meeting requirements established to register such contract. The registration also aims at legitimizing remittance of funds abroad in payment of technology transfer. Other reasons for this procedure relate to tax deductibility and labor Law aspects.

Services:

  • Strategic legal advice;
  • Drawing up and negotiating contracts for Technology Transfer or Licensing, both nationally and internationally;
  • Assessment of appropriate legal measures to defend against Technology Transfer violations by third parties;
  • Assessment of appropriate legal measures to defend against technology transfer violations by clients; and
  • Dispute resolutions related to Technology Transfer or Licensing.