Practice

BUSINESS TRANSACTIONS

Civil Law is the core piece of all fields of Law, including commercial law.  It is the foundation of all legal system and holds outstanding importance for its far-reaching scope.  Our practice involves:

  • Legal transactions and all kinds of contracts, including commercial, financial and credit instruments;
  • Validity of legal transactions;
  • Professiona liability, including supply and manufacturing agreements;
  • Internet, e-commerce and related issues;
  • Corporate activity (in facto and de jure) corporations and associations;
  • Interpretation of rules and contracts.

COPYRIGHTS AND ENTERTAINMENT

Provedel Advogados offers an end-to-end suite of legal services to the entertainment industry, including full legal assistance related to sports, music, TV, film and events. These activities demand multidisciplinary knowledge related to contracts, labor and corporate law, rights of publicity and privacy, co-branded projects, copyrights and local regulation compliance. We provide assistance on Branding and Naming projects, with deep expertise on marketing and promotion issues.

INNOVATION TECHNOLOGY

The strong technical background of our professionals enables us to provide services to our clients in the guiding of their technological development, monitoring their competitor’s activities and all studies related to innovation. We also provide orientation on patent portfolio strategic handling, scrutiny of their research and development areas and pipelines of information, trade secret protection, and implementation of innovation as a culture in their companies’ day-to-day activities.
We also carry on patentability, patent infringment, freedom to operate and related searches, as well as intelligence studies for new business prospection, competition issues related to patents, R&D and innovation.
Such expertise a enables us a full support in litigation and disputes of high technical complexity in all fields of technology.

INTELLECTUAL PROPERTY

Provedel Advogados provides legal suport in patent and trademark portfolio management, protection and inforcement of Intellectual Property rights also providing assistance in satellite areas such as regulatory, internet disputes, tax and technology transfer agreements and franchise agreements.
Our lawyers are experts in portfolio management, enforcement, litigation and contracts regarding patents, trademarks, domain names, trade secrets, copyrights, new plant varieties and design protection.

Our team is also composed by experts in the fields of mechanical and chemical engineering, chemistry, biotechnology, biology and pharmacy who provide quality opinions on patent matters, FTO, intelligence and competition studies, patentability searches and infringement issues.

  • Trademark Searches and full clearance of trademark rights (freedom to use).
  • Preparing, filing and monitoring trademark applications in Brazil.
  • Portfolio management, from filing throughout registration and renewal.
  • Legal assistance in conflicts, drafting warning letters, oppositions, administrative appeals, and extrajudicial solutions.
  • Legal opinions on trademark matters.
  • Enforcement of trademark rights – lawsuits and arbitration, including international arbitration at UDRP (Uniform Dispute Resolution Policy).
  • Legal assistance in domain name conflicts, judicial or extrajudicial.
  • Conflicts involving company names, trademarks and domain names.
  • Strategic advice on patent use and protection.
  • Patentability opinions on all fields of technology, including mechanical, electric, electronic, chemicals, pharmaceuticals, mining, biotechnology and nanotechnology.
  • Patent search in national and international databases.
  • Drafting national and international patent applications.
  • Freedom to operate (FTO) and infringement searches.
  • Patent litigation and arbitration.
  • Tropicalization of international contracts involving IP rights.
  • Draft, review and recordal of technology transfer agreements, franchise agreements and distribution agreements, including highly regulated environments such as food & drug and agricultural.
  • Drafting agreements for licensing and transfer of trademark, patent, image, software and design rights.
  • Protection of Trade Secrets.
  • Software registration, contracts, legal opinions and disputes.
  • Advertising, copyrights, product layout and packaging.
  • Unfair competition and IP rights conflict resolution both at administrative and civil levels, including CONAR, CADE and ANVISA matters.

LIFE SCIENCES

Our Life Sciences Practice combines experience with a vast track record of our professionals in multidisciplinary leading cases involving specific needs of companies of the Brazilian food and drug market.

Our team’s acquaintance with the day-to-day of the regulated industries allow us to quickly assimilate the goals and challenges of our clients and to offer tailored and efficient solutions, in a preventive or reactive manner.

Our team comprises recognized professionals in the areas of intellectual property, regulatory affairs, administrative law, government contracts and procurements, public policy, antitrust, compliance, corporate and tax, allowing a comprehensive approach in consulting, transactional and litigation activities.

Aware of the regulated industry singularities, we assist national and international companies in the sectors of drugs, biological products, APIs, medical devices, cosmetics, food and agrochemicals, in matters such as:

  • Company incorporation and structuring, legalization and renewal of the necessary licenses, permits and approvals by the Brazilian Health authorities.
  • Drafting and assistance in contractual matters, in view of the markets singularities.
  • Planning and drafting technology transfer agreements, as well agreements with federal and state universities, subject to the Brazilian Innovation Act.
  • Assistance to comply and participate in public policies and procurements, involving preference margin criteria and Partnership for the Productive Development – PDP’s.
  • Consultancy, judicial and administrative disputes before Brazilian regulatory authorities.
  • Strategic planning, implementation and monitoring of product’s life cycle, from pre-approval to post-marketing obligations and product liability before consumers.
  • Strategies to market access in the Brazilian public and private healthcare systems.
  • Clinical trials and charitable programs, such as compassionate use and expanded access.
  • Intellectual Property (portfolio management, contracts and enforcement of trademarks, patents and trade secrets).
  • Unfair competition.
  • Creation and implementation of compliance programs, as well as training and guidance related to clients’ procedures and policies.
  • Assessment and guidance of procedures, transactional operations and conducts in view of the Antitrust Law.

REGULATORY

Intense and aspiring efforts to streamline and update the Brazilian regulatory framework has characterized the recent years. The proactive follow-up of changes is one of the most relevant and challenging tasks for the regulated industries.

Our Food & Drug team keenly participates in Working Groups, Trade Associations and events, seeking to anticipate and prepare our clients for the day-to-day challenges and opportunities.

We value an interdisciplinary approach, pursuing alternatives that take into consideration the interface between regulation and areas such as IP, antitrust and compliance, to assist our clients in strategic businesses during the entire life cycle of their products, whether they work with drugs, biologicals, APIs, medical devices, cosmetics, food or agrochemicals.

We are present in every moment of our client’s relationship with the Health regulatory authorities in Brazil. Our practice comprises consultancy and litigation matters as follows:

– Preparation, follow-up and related developments connected with GMP and routine sanitary inspections.

– Company incorporation and structuring, legalization and renewal of the necessary licenses, permits and approvals by the Brazilian Health authorities.

– Investigations and compliance with regulatory standards, including market strategy for product development and approval of new products.

– Label and packaging review and assessment of advertisement requirements and limitations.

– Defenses and appeals in procedures linked with Food and Drug violations.

– Importation and related customs procedures of regulated products.

– Clinical trials and charitable programs, such as compassionate use and expanded access.

– Assistance in the procedures for drug price approval.

– Due diligences in the regulated industries.

TAX

Tax planning: Business planning targeting the cancellation, reduction, compensation or postponement of tax burdens corresponding to liabilities and business transactions.

Tax Advisory: Counsel on the impact caused by the legal tax norms relating our client’s business development.

Recovery of tax credits: adoption of administrative and/or judicial measures seeking compensation or refund for unduly collected or overly paid taxes.

Administrative defense and appeals  refutation of tax credits and interposition of any administrative appeals before tax authorities, with follow-up up to the final decision.

Follow-up and defense in tax actionsfrom monitoring of new foreclosures to the adoption of judicial measures, when applicable, aiming at reducing or extinguishing the tax demand.

Tax Litigation – Bringing suit with the purpose of annulling or declaring inexistence of tax credit and all strategic planning there related.

 

Our references

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