Research, development and innovation (RD&I) activities are vital to the success of companies in an increasingly competitive market. On the other hand, the innovation cycle is long and complex and usually involves several actors, such as:
- Technical partners (public and private companies, scientific and technological institutions – ICTs, incubators/startup accelerators, technological parks and others);
- Financiers (development agents for RD&I, such as Brazilian Development Bank – BNDES, FINEP, Desenvolve SP, among others);
- Investors (public and private companies, investment funds, development agents and others).
The legislation applied to the RD&I in Brazil is fragmented and scarce. Consequently, these actors need a legal service that articulates legal knowledge across different branches of the Law.
Taking this into consideration, GNBA Advogados created the Innovation Right practice area, seeking to provide specialized services based on the articulation of the knowledge and experience of its lawyers. In this sense, we provide services such as:
- Planning and constitution of innovative companies, considering the corporate and tax aspects involved;
- Drafting of contracts, terms of partnership and other instruments to regulate the legal relationship between all public and private agents participating in the RD&I activity, including aspects of intellectual property and technology transfer;
- Full legal advice on financing contracts for RD&I activities, as well as in public notices and calls (credit, grant-in-aid and agreements), including the elaboration/review of contracts, terms, administrative resources and any other administrative or judicial measures required;
- Legal advice for innovative companies and public agencies in the context of technology-based public procurement;
- Legal advice to investors in innovative companies, through the planning and elaboration of the necessary documents for the formalization of the investment;
- Consultancy and tax planning with a focus on the use and optimization of tax incentives for innovative companies, such as the Lei do Bem (Law No. 11,196/2005) and the Lei da Informática (Law No. 8,248/1991);
- Legal advice in the labor law area, focusing on protecting the intellectual property of the company produced by employees under the Lei da Propriedade Industrial (Law No. 9,279/1996), Lei do Software (Law No. 9,609/1998), and Lei dos Direitos Autorais (Law No. 9,610/1998), among others; and
- Drafting of studies and opinions about the Lei de Inovação (Law No. 10,973/2004), Novo Marco da Ciência, Tecnologia e Inovação (Law No. 13,243/2016), among others.