When it comes to business transactions in Brazil, whether between domestic entities or a combination of foreign and domestic parties, Di Blasi, Parente & Associados stands prepared to deal with the intricacies and challenges presented by these complex filings. From the due diligence level to the final tax recordings and contract filings, you can count on us to guide you through this process smoothly and efficiently.
Where competition law and intellectual property intersect, you will find Di Blasi, Parente & Associados ready to deliver the advice you need to operate and to protect your investments. In a dynamic and globalizing economy, ripe with antitrust and unfair competition issues, you can count on us for the advice you need.
Customs & Anti-Counterfeiting
Di Blasi, Parente & Associados has a robust anti-counterfeiting program that is tailored to each client’s specific needs.
We assess the business and all that the brands encompass. We learn the products and their distribution, and then we create a plan to combat counterfeiting from every angle, using every resource available.
Our anti-counterfeiting group is based in São Paulo, with easy access to customs officials, information hubs and points of entry.
We participate at every level when it comes to anti-counterfeiting – from initial reporting, ongoing filings, educating customs agents, accompanying police on seizures, evaluating suspect product, and supervising the destruction of counterfeit goods.
When necessary, we assist our clients in taking judicial measures to stop counterfeiting activity, including the illegal manufacture and commercialization of such products on the ground in Brazil.
Domain Name Services
Got domain name issues in Brazil? We can help with those.
Domain name procurement and administration in Brazil may have requirements that are unfamiliar to foreign owners and operators in Brazil, but we can assist in securing domain names, providing ongoing management and making sure the administrative ability is intact.
Our domain services are primarily available under an agency agreement, as a local agent is generally recommended for these services in Brazil. However, foreign ownership of Brazilian national domains is also possible.
Contact our domain team today for specific advice for securing your Brazilian domains, and we will provide you with a comprehensive overview of the services we provide.
The franchising industry in Brazil has been expanding by leaps and bounds for more than a decade, with growth rates being reported of between 10% and 13% annually, as foreign and domestic franchising brands make their mark in the largest economy in South America.
Di Blasi, Parente & Associados provides its clients with the full service related to this matter, including the elaboration of franchising system, its implementation, due diligence, drafting and recordal of contracts and supporting the clients in relation to conflict resolution, everything in accordance with the Brazilian Franchising Law.
The key area of expertise and primary focus for Di Blasi, Parente & Associados is Intellectual Property.
We provide a full range of Intellectual Property solutions in Brazil to help our clients acquire their IP rights, monitor them, protect and defend them.
Our highly-skilled team of attorneys and technical specialists, including many scientists and engineers, work diligently to provide competent and trustworthy results for everything from preliminary clearance searches and freedom to operate reports to full drafting and filing services and judicial measures, both in Brazil and around the world.
Some of the fields that our team at Di Blasi, Parente & Associados specifically focus on are: automotive, communications, consumer goods, electronics, energy, food & beverage, information technology, life sciences - biology, biotechnology, chemistry, environmental science, genomics, medical devices, mining, agriculture, pharmaceutical sciences, media and sports & entertainment.
Patents, Utility Models & Industrial Designs
The patent team at Di Blasi, Parente & Associados is comprised of an organized and efficient group of attorneys and technical experts to provide our clients with comprehensive strategies to develop the right level of protection to achieve their business goals.
Our patent team works across a variety of industries, sciences and technology and has vast experience when it comes to rendering, among others, such services as:
- Full-service patent and design portfolio management
- Freedom to Operate Analysis (FTO)
- Prior art searches
- Patentability analysis
- Due diligence
- Filing and prosecution of patent applications in Brazil and abroad
- Filing and prosecution of international patent applications in Brazil under the Patent Cooperation Treaty (“PCT”)
- Continuous monitoring of patented technologies
- Technical and legal opinions related to patent issues
- Patent litigation
- Registration of new plant varieties
- Representation in proceedings to receive authorization from the Brazilian Health Surveillance Agency – ANVISA
- Representation in proceedings to receive authorization from the Technical Biosafety Committee
- Representation in proceedings to receive authorization from the Council for Genetic Resource Management – CGEN
We specialize in finding the best way for our clients to protect their inventions and to be able to exploit them in Brazil with the confidence that they need.
In addition to the services listed above, the team also provides complete enforcement solutions – infringement analysis, second opinions, remedy recommendations, cease and desist letters, alternative dispute resolution services and comprehensive litigation representation.
Our comprehensive approach to trademark protection involves everything from availability searching and legal opinions to filing and prosecution, and full trademark protection post-registration.
We offer complete monitoring services and develop specialized strategies for the protection of our clients’ brands.
In this sense, our trademark team has vast experience when it comes to rendering, among others, such services as:
- Trademark search;
- Filling application;
- Legal opinion regarding a trademark registration/application and unfair competition;
- Trademark Prosecution - administrative procedures before the Brazilian Trademark Office;
- Control, trademark watch notices and monitoring of application/registration; and
- Prevention and protection of our clients’ trademarks.
The Firm provides integrated trademark portfolio management, and should an infringement incident arise, the firm is ready and able to tackle it, with a range of options to meet the needs of our clients, up to and including full litigation services.
Trade secret, in a large concept, may be every confidential business information which provides a company a competitive edge and for this reason shall be treated and protected with the corresponding importance. Consult our team for detailed information on the protection of trade secrets in Brazil. We are ready to assist you.
Our firm provides comprehensive guidance on all matters related to copyrights in Brazil. We regularly file for registration on behalf of our clients to protect their copyrights at the National Library, School of Arts and other competent public agencies responsible for maintaining these registrations.
Often copyright registration in Brazil may be overlooked, but it is highly recommended to safeguard creative works against potential infringement. Such registrations can become crucial in judicial matters involving copyright disputes.
Di Blasi, Parente & Associados is one of only a handful of firms to specialize in Geographical Indication services in Brazil.
The firm provides in-depth consultations regarding the protections for Geographical Indicators in Brazil, as covered under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) agreement.
This type of protection is of particular relevance to those clients operating in the food and wine industries, where origin designations are geographically limited to indicate a particular set of characteristics that can one be associated with certain products to reflect the quality of the origin.
Di Blasi, Parente & Associados has a strong team specialized in life sciences.
In our firm we have specialized technical professionals with vast experience in biology, biotechnology, chemistry, environmental science, genomics, medical devices, pharmaceuticals, green technologies and agriculture.
We also have a team of attorneys who are strongly qualified to act in patent litigation and advising, and fully able to represent our clients in local state and federal courts, the STJ (Superior Court of Justice) and STF (Superior Federal Court), as well as in the coordination of litigious projects abroad, always exceeding customer expectations.
Our work in the Life Sciences area not only involves drafting patent applications and their respective administrative procedures, but also involves pre-litigation procedures, such as research and case analysis; policy making, compliance, technology transfer agreements, technical / legal advice and, mainly, judicial measures, both in Brazil and abroad; and the coordination of projects that involve mediation and arbitration in other jurisdictions.
Corporate Law and Contracts
In the Corporate Law area our firm provides assistance in negotiation of Joint Ventures agreements, and transference of Company’s Assets. At the same time, we provide services at the Brazilian Central Bank regarding the internalization of foreign capital in the country, as well as the remittance to overseas.
Di Blasi, Parente & Associados also offers consultancy relative to the Consumer Law field.
Drafting Agreements and Analysis
Di Blasi, Parente & Associados provides assistance on drafting and analyzing corporate contracts in several areas of expertise, such as: product distribution, commercial representation, software licensing contracts, technical services assistance, franchising contracts, as well as business establishments alienation contracts and technology transfer agreements, know-how; among others.
Also, our Firm has a large practice of legal opinion about specific clauses, controversial issues, as well as questioning of opinions issued by the examiners of the BPTO’s Technological Board.
Technology Management Consulting Services, based on the Technological Innovation Law
Di Blasi, Parente & Associados also owns an extensive and outstanding experience in offering consulting services on technology management based on the Technological Innovation Law, including advising companies when negotiating with universities and research centers, especially when assisting throughout the elaboration and analysis of the provisions and entire content of each cooperation agreement and corresponding contracts.
Legal Assistance on Recording Transfer of Technology Contracts
Di Blasi, Parente & Associados also offers legal assistance on recording all kind of Transfer of Technology Agreements (Trademark licenses; Patent exploitation; Transfer of Technology per se; Technical Assistance and Franchising contracts) before the Brazilian Patent and Trademark Office (BPTO) and assistance with the registration before the Central Bank.
Regulatory & Administrative
Whether in the process of securing and protecting your intellectual property, or in the commercialization thereof, our firm provides solid counseling and services to see you through the regulatory and administrative procedures along the way in Brazil.
These services include preventive measures to assist in compliance, to avoid violations, and to achieve the necessary clearances to get to doing business.
Our firm works with various agencies to secure authorization for various operations, for example with the Health Surveillance agency to obtain authorization for the operation of drug distribution. Further, we assist with obtaining special permits and approvals, import licenses, product registrations, use allowances, and the like.
Additionally, we lead the way to filing and registering contracts with the appropriate agencies, amending ownership titles, revalidating records and other recommended or required procedures, specific to the industries in which our clients operate.
Tax (Related to Intellectual Property)
Brazilian regulations can sometimes result in unexpected tax obligations. These especially arise in relation to transactional matters, and they can have broad implications to firms required to make international remittances from Brazil.
Our firm analyses the specific contractual elements that would trigger these tax requirements and advises clients on compliance with local regulations and procedures, so they can minimize exposure, comply with the law, and continue to operate effectively.
Additionally, our firm takes these tax matters into consideration as we draft agreements for our clients, and we can explain in a straightforward manner exactly what to expect with regard to any tax requirements involved.
Corporate Governance and Government Relations
Di Blasi, Parente & Associados, having full understanding of the complexity of the themes involving political, legislative and public or private interest, has a specialized team to provide client support on the issues that involve Corporate Governance and Government Relations.
Our firm’s practice includes the following services:
· Consulting on the preparation of Codes of Ethical Conduct and implementation of compliance policies in accordance with the company’s profile;
· Advice on the creation of internal control mechanisms, reporting channels, monitoring and due diligence;
· Workshops for training teams to improve the dissemination of best practices and standards set out by the company;
· Development of Government Relations programs together with the client;
· Advocacy: Monitoring and reporting on bills of law and on actions related to legislative and regulatory processes; support in the mobilization of civil societies to engage or intervene in public policies; among others
When it comes to sharing technology across international borders, our attorneys and technicians work together to assess client needs and determine the necessary terms specific to each situation. We always strive to maximize the business opportunities for our clients, whilst simultaneously reducing costs to the extent possible under law.
Brazilian law and regulations surrounding technology transfer can be a challenge and have unexpected requirements. We regularly navigate these challenges to be able to provide you with a smooth path to completing agreement and getting down to business.