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Contracts in the technology sector

December 11, 2024

2024

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Technology contracts are essential instruments that allow holders of trademarks, patents, technologies, and industrial designs to authorize third parties to exploit these assets. In exchange for this authorization, rights holders receive royalties, a financial compensation that reflects the value generated by the use of these innovations. This protection, guaranteed by industrial property rules, ensures that creators can negotiate their rights, allowing companies to use licensed technologies to develop specific products.

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Pharmaceutical Industry Contracts and Legal Perceptions

December 4, 2024

2024

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In Brazil, in addition to the general rules of Civil and Commercial Law, contracts signed in the pharmaceutical industry sector must comply with specific regulations, such as the Board of Directors Rules (RDCs) of the Brazilian Health Regulatory Agency (Anvisa) and other health legislation. In this article, we will explore the most relevant legal aspects for drafting and managing contracts in this segment.

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Limitation of liability clauses: balancing risks in contracts

November 28, 2024

2024

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In the contractual universe, one of the most complex and debated topics is the limitation of liability between parties. While this clause seeks to balance risks, it can also become a source of litigation if not properly structured. In Brazil, the Civil Code (Law #10,406/2002) provides guidance on contractual liability, requiring a technical approach to address inherent risks and define liability limits.

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Contracts and artificial intelligence: legal and ethical considerations

November 13, 2024

2024

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Artificial intelligence, known as AI, is a set of technologies that enable computers to perform advanced tasks, including, for example, the ability to see, understand, and analyze data, as well as make recommendations based on it. This concept began was introduced in 1950 through an paper published by Alan Turing, which evaluated whether a machine could impersonate a human being during a written interaction.

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Digital Signatures in Contracts (Part 2)

November 5, 2024

2024

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The advancement of digital technologies has transformed the way contracts are formalized in Brazil. With the digitization of documents, digital signatures have become an essential tool for companies and professionals seeking efficiency and legal security in their processes. Digital signature solutions stand out by enabling documents to be signed electronically with legal validity, reducing bureaucracy and costs, while also meeting the integrity and authenticity requirements set by law.

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Contractual dispute resolution: choosing the right mechanism

October 16, 2024

2024

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Resolving contractual disputes is vital for maintaining healthy business relationships, as contracts serve as the foundation of any transaction. When disagreements arise, it is crucial to select the most appropriate mechanism to resolve the issue efficiently and effectively. The primary methods of resolving contractual disputes include mediation, conciliation, arbitration, dispute boards, and litigation. It is important to note that mediation and conciliation can be employed in both judicial and extrajudicial settings, whereas arbitration is always extrajudicial, as we will explore below.

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Understanding hidden defects in contracts

October 9, 2024

2024

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Who has never bought an electronic device that, after a few days of use, starts to malfunction? You go into despair because you financed the purchase in many installments and when you look for the store that sold it, you are told that the warranty offered is only 7 days. After this period, the 90-day legal warranty provided for in the Brazilian Consumer Protection Code for non-durable goods comes into effect. However, the defect only appeared after 180 days and, when purchasing the product, you did not “extend” the warranty to 1 year. In fact, despite being a common practice in the traditional or virtual commerce, the extended warranty tends to be very expensive and causes a lot of headaches for the user when in need to use it. Now what?

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The Significance of the New ANPD Portal and International Data Transfers

October 3, 2024

2024

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ANPD Rule #19, published by the Brazilian Data Protection Authority (Autoridade Nacional de Proteção de Dados – ANPD) in August 2024, introduced new regulations on international data transfers, a crucial aspect of data protection in Brazil and worldwide. After this regulation, the ANPD launched a dedicated page on its official portal to provide clear and detailed information about international data transfer mechanisms. This new page marks an important step toward transparency and aligns Brazil with international data protection standards, especially in comparison to the European Union's General Data Protection Regulation (GDPR).

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Understanding unfair terms in contracts

September 30, 2024

2024

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One of the main reasons for seeking a attorney, when faced with a contract that will generate rights and obligations for the parties, is to seek the best advice to avoid various pitfalls, among them, the dreaded unfair terms, which can cause numerous problems for one of the contracting parties.

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Legal implications of digital signatures in agreements

September 23, 2024

2024

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The pandemic that began in 2020, along with technological innovations, has led to wider acceptance of digital signature platforms. This shift significantly reduced bureaucracy in various departments, while also streamlining processes and optimizing both time and financial resources. A digital signature, which serves as the electronic equivalent of a handwritten signature, is created through a cryptographic process that links a person’s identity to a document or electronic message. This method is unique, hard to replicate, and highly secure. However, the widespread adoption of digital signatures has introduced several legal implications that must be considered.

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ABOUT US

Licks Attorneys Contract’s Blog provides regular and insightful updates about Contract Management. The posts are authored by the members of the Contract Management Team. Licks Attorneys is a top tier Brazilian law firm, recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

The ANPD Guide on Cookies and Personal Data Protection

Cookies continue to be a source of concern for authorities responsible for data protection in all countries, even more so if one considers the lack of transparency in the collection and use of much of this data. Behold, the National Data Protection Authority (ANPD) issued an orientation guide for dealing with cookies in Brazil, although the General Data Protection Law (LGPD) itself has not displayed specific rules on the subject. Even for that very reason, this ANPD guide comes at a good time to resolve doubts and serve as a basis for guiding everyone on how to deal with the issue in Brazil.

The ANPD Guide on Cookies and Personal Data ProtectionRead Full Article

USA passes Anti-Money Laundering Whistleblower Improvement Act

In Brazil the concept of the whistleblower continues to be ignored –  as having been incorporated into our legal system by former Minister Sérgio Moro's anti-crime package, approved by the National Congress underStatute 13,964 of December 24, 2019 (which utilizes the definition of informant rather than the North American definition of whistleblower) – along with the benefits that its employment could bring to the country, especially in the fight against corruption. While the United States, at the end of 2022, have just passed the Anti-Money Laundering Whistleblower Improvement Act, making significant progress in the battle against money laundering.

USA passes Anti-Money Laundering Whistleblower Improvement Act Read Full Article

The Impeachment of Authorities in Brazil explained

According to the Brazilian Constitution of 1988, the Legislative, Executive and the Judiciary Branches are balanced among themselves.

The Impeachment of Authorities in Brazil explainedRead Full Article

Brazilian Antitrust Law has been refined

Although Brazilian antitrust rules follow the example of US antitrust law, the pioneers in the subject were not them, but their Canadian neighbors, since the first known antitrust law was published in 1889, in Canada. By the way, this was the year in which Brazil ceased to be an empire, when the Republic was proclaimed on November 15, 1889, by Marshal Deodoro da Fonseca.

Brazilian Antitrust Law has been refinedRead Full Article

And speaking of Patient Support Programs...

The Patient Support Programs (PSPs) developed by the pharmaceutical industries are often controversial as to the real benefit they provide, how much they contribute to patient loyalty and the risks they bring to the companies implementing them.

And speaking of Patient Support Programs...Read Full Article

Self-regulation in the health care area: Europe's positive example

One of the great frustrations of those who work in companies where there is a solid compliance culture is dealing with the limits imposed by their internal policies and procedures, as compared to competition that, sometimes, uses dubious and loose processes, which lead to numerous conflicts of interest, but which can translate into increased sales.

Self-regulation in the health care area: Europe's positive exampleRead Full Article

How goes Personal Data Protection in the United States of America?

The entry into force of the General Data Protection Regulation (GDPR) in the European Union, in 2018, gave rise to concerns about the issue of protection of personal data in the United States of America, especially after the European Court ruled that the Privacy Shield would no longer be accepted as a guarantee for the transfer of personal data of European citizens to the US.

How goes Personal Data Protection in the United States of America?Read Full Article

Standardization and cost of stem cell Treatments in Brazil

Recently, a judge in the State of California, United States, rendered a decision ruling that the Food and Drug Administration cannot regulate stem cell treatments as a medicine. Such a decision generated controversy, as there are other decisions that consider cell therapies as medicines regardless of their nature.

Standardization and cost of stem cell Treatments in BrazilRead Full Article

Cookies remain in use, FLoC dies, Topics is born!

Since the GDPR (EU General Data Protection Regulation) came into force on May 25, 2018, the internet search giant Google, which belongs to Alphabet, started to internally and intensively work not only to adapt itself to the GDPR, but also to create tools that mitigate the misuse of personal information from third parties. Such an effort was not just a privilege of Google, but also of companies that develop internet browsers such as Safari and Mozilla Firefox,  which began to offer the option of blocking third-party cookies in their software.

Cookies remain in use, FLoC dies, Topics is born!Read Full Article

Research institutes and conflicts of interest

After the first round of elections in Brazil on October 2, 2022, which elected some governors, senators, federal and state deputies, the research institutes are the big stars among the fierce dispute over the presidency of the Republic. Research institutes managed to get the attention of society, which was, until then, debating whether the electronic voting machines were reliable or not, since, for some, they would be non-auditable; whereas for others, they would be safe as they do not even have internet connection.

Research institutes and conflicts of interestRead Full Article

ANS' role is now Exemplary once again by Law. Read here what this means

Last Wednesday (September 21), the press trumpeted the enactment of a new law, especially the G1 news outlet, informing that healthcare providers are obliged to cover treatments outside the list of the Brazilian Supplementary Health Agency (ANS).

This is another chapter in the fierce dispute between providers and patients, mediated by the authorities. Healthcare providers claim an imbalance in their financial health, while patients denounce lack of coverage and excessive costs in their assistance.

ANS' role is now Exemplary once again by Law. Read here what this meansRead Full Article

The ANPD Opens a Public Consultation on High-Risk Personal Data Processing

On January 27, 2022, the Brazilian Data Protection Authority (ANPD) edited Rule CD/ANPD #2 to regulate the application of the  Brazilian Data Privacy Act, (LGPD), Statute #13,709/2018 to small processing agents: micro-enterprises, small businesses, startups, legal entities governed by private law, including non-profits, as per the legislation in force, as well as natural persons and depersonalized private entities that process personal data, assuming typical controller or processor obligations.

The ANPD Opens a Public Consultation on High-Risk Personal Data ProcessingRead Full Article

What is Brazil missing in the fight against corruption?

Corruption is definitely not an evil that only plagues Brazil but absolutely all countries without exception, to a greater or lesser extent. The existence of corruptors presupposes the existence of corrupts and vice versa. Therefore, focusing on fighting corruption at both extremes is essential, otherwise the effort may be in vain.

What is Brazil missing in the fight against corruption?Read Full Article

In the US, Directors and Chief Compliance Officers will need to provide Certification

In March of this year, Assistant Attorney General Kenneth Polite, from the Criminal Division of the United States Justice Department, made a speech for his colleagues. The contents of this speech are still unknown to many executives and professionals in the legal and compliance areas, but has brought a very interesting new obligation:

In the US, Directors and Chief Compliance Officers will need to provide CertificationRead Full Article

Brazilian Federal Pharmacy Council regulates the practice of Telepharmacy

On July 20, 2022, the Brazilian Federal Pharmacy Council (CFF) published Rule #727/2022, meeting a pressing need in the sector, with the rampant advancement of technology, by regulating the practice of Telepharmacy in Brazil.

Brazilian Federal Pharmacy Council regulates the practice of TelepharmacyRead Full Article