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invest ing & doing business in brazi l Di Blasi, Parente, Vaz e Dias & associaDos


Di Blasi, Parente, Vaz e Dias & Associados is an IP boutique with offices in Rio de Janeiro and São Paulo, specialized in intellectual property and related areas such as business law, regulatory law, antitrust law, unfair competition, franchising, consumer rights and corporate law as well as other fields, including their implications on tax and foreign exchange control laws. Here, Finance Monthly talks to partners, Gabriel Di Blasi, Paulo Parente Marques Mendes and José Carlos Vaz e Dias about the issues surrounding investment and business in Brazil.


Q


Please introduce your areas of specialism and your firm’s profile


Our firm has highly qualified and experienced attorneys on trademarks, licensing and patent and trademark litigation. Some of them have both the legal and the technical background, which is indispensable for litigating patents and providing legal assistance for commercial agreements on technological developments. This law firm is also comprised of engineers,


pharmaceutical chemists, biochemists, bio-medics and specialists in other technical areas, capable of leading the owners of technology to obtain patents rights for their inventions or to protect them by sui generis intellectual property systems such as new plant varieties and integrated circuits topology. Also, we can provide clients with several services related to patent issue, such as police making and freedom to operate.


Q


What expertise do you offer to local and foreign clients?


Since Brazil is a country that receives a great deal of foreign investment, both in technology and industrial fields, our firm has attorneys who specialise in the elaboration and examination of cross border commercial agreements, including those for technology transfer and licensing. Further to that, our attorneys render consulting


services to foreign clients in the protection of intellectual property rights before the local authorities, such as the Brazilian Patent and Trademark Office (BPTO), the National Library, the School of Arts and others for the protection of copyrights. Such consulting includes the support in the violation of IP rights and anti-piracy activities internally and before the customs authorities, as well as freedom to operate and police making. Furthermore, we have associates and


fi MONTHLY MARCH 2011


corresponding firms in most countries, particularly in other Latin American countries, providing us with a great support base for assisting all our clients´ cross border needs. Our firm has also a strong Life Science Department,


which is focused on patent prosecution, as well as litigation and licensing. Also, the firm offers the best strategy to conduct legal measures in order to use the IP rights before the Brazilian courts.


Q


What recent transaction(s) have been working on?


In view of the extensive expertise on intellectual property rights, our firm has been hired by several clients to lead the adoption of technology transfer and licensing agreements comprising the companies of the mentioned clients. The intention is to provide updated technology to the Brazilian subsidiaries without financially overburdening them and to obtain the maximum permitted royalties. This project is a complex business, as it involves legal matters linked to taxation, foreign exchange control, contract law and business, as an important part of their business will be transferred to Brazil and to the state of Rio de Janeiro.


Q


What are the main challenges and complexities for you and your company regarding business in Brazil?


The main challenge of our work is explaining the legal framework on intellectual property rights and technology transfer agreement to foreign companies, since a large portion of the rules comes from unwritten understanding of public authorities and limitations imposed by laws of diverse nature. Further to that, it is possible to see, from time to time, contradictions between decisions issued by the authorities and stipulations in laws and regulation. In view of the above, the different legal culture and


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