Case Studies in Brazil.

Dispute Resolution

A company challenged a research centre, accusing the research centre of having misappropriated an existing intellectual property. This allegation was made owing to a string of patent applications (deposited by the research centre in Brazil) which looked very similar to the patent applications which had been deposited by this private company. The inventor at the research centre claimed that there was no misappropriation, especially owing to significant differences in the claims of the patent applications.

Both parties agreed to mediation.

End result: The parties agreed that they would wait for the patent office in Brazil ( INPI ) to reach a decision on whether or not to grant the patent rights to the research centre. No lawsuit was filed.

Legal opinion

A College was losing money on a tech transfer contract, but was not sure of the implications in cancelling this agreement. 

We reviewed the documents and reached the conclusion that the contract could be terminated without any liability to the College. Therefore a  formal letter was written to the third party  explaining the commercial and legal reasons why the contract would be terminated.

Result: The third party eventually accepted the decision and did not seek litigation.