Restrictive clauses and abusive practices in technology transfer agreements in Brazil: an analysis from the perspective of intellectual property

Abstract

External acquisition of technology through the celebration of Technology Transfer Agreements can be an important source of innovation, allowing both the transferor and the acquirer of technology to enjoy the benefits inherent to this practice. However, in some agreements of heterogeneous character, it has been verified the presence of restrictive clauses and practices of abusive character, which requires the attention of the State at the moment of its analysis and recordation. For such reason, the present study aims to present the rules related to the Regulation of restrictive clauses in technology transfer agreements in Brazil, encompassing the Industrial Property Law, Normative Acts issued by the INPI and the rules and conditions contained in TRIPS Agreement. Also, some administrative and judicial decisions on the subject matter will be analyzed. Finally, it will be proposed a reflection on the benefits of a greater or smaller State intervention in the analysis and recordation of Technology Transfer Agreements.