Information Technology and Intellectual Property

Attie Advogados specializes in providing legal assistance aimed at companies in the IT sector. Among the services of this area of expertise, we highlight:

■ Assistance in the Contractual scope:

  • Agreements with customers: IT service agreements, IT project agreements, preparation of Service Level Agreements (SLAs), Master Agreements, State of Works (SOW), Time and Material agreements, Body Shop agreements, Outsourcing agreements; No Disclosure Agreements (NDAs), BPO Agreements; Help Desk Agreements, Cloud Computer Agreements;  Preparation of agreements for development, production, distribution, software usage license, End User License Agreement, sales license, sales sublicensing.
  • Contracts with service suppliers: Corporate agreements, care for corporate employment, Agreements for Allocation of Consultants, Agreements for suppliers in the commercial area – Agency and Business Mediation Agreements;  No Compete clauses; Contracts for Use of Equipment by Collaborators;

■ Assistance in the Taxation scope related to all fiscal controversies regarding IT activities under the municipal (ISS tax), State (ICMS tax) and Federal (IRPJ/CSLL/PIS/COFINS taxes) scope and the new Social Security Contribution on income, referring to accessory obligations, withholdings, simplified taxation companies; Exports and Imports of Services (SISCOSERV); in order to guide the company and realize its sales in a legal but less burdensome manner, in addition to protecting the client from tax lawsuits under the administrative and judicial spheres.

■ Assistance in the areas of Corporate and New Business and Partnership – Consortiums,  Special Partnerships, Special Purpose Companies, Joint Ventures, Shareholders’ Agreements, Partners’ Agreements.

■ Assistance in Labor Advisory Law specific for companies in the IT sector, along with SINDP, fringe benefits, Profit Sharing, Agreements for Qualification with obligation of permanence, Permanence Bonus, Hiring Bonus.

• Registration of Computer Programs (software) at INPI, legal consulting regarding protection of rights related to computer programs (software);

• Assistance in the registration of mixed and nominative trademarks; protection of copyrights, industrial drawings, commercial names, domain names and undue publicity.

• Study and planning of best contractual and fiscal alternatives for the employment and preparation of business in the area of intellectual property; preparation, analysis, negotiation and filing of contracts involving technology transfer, technical services and franchising, including with assistance for the preparation of Franchise Offer Circular (Circular de Oferta de Franquia – COF).

• Protection of Business Secrets and Confidential Information – Preparation of confidentiality agreements and corporate secrecy clauses.

• Consulting involving license agreements for usage of images, sound, data, names and "content."

• Analysis of practices of unfair competition and administrative and judicial support.

• Representation of our clients in administrative and juridical measures related to intellectual property at relevant Courts and entities, judicial or related to arbitration, in particular at the National Intellectual Property Institute (Instituto Nacional de Propriedade Intelectual – INPI).