Whenever domestic and foreign firms discuss on technology transfer they preliminary agree on various legal issues previous to the operation that possibly will be held. The parties, at the time, establish confidentiality, non-competition, whether or not the possibility of exclusivity, among many other topics relevant to the future structure of the transaction. This particular instrument called memorandum of understanding, letter of intent or other congeners aiming to the possibility of a future technology transfer is the subject of investigation in this paper. The general aims are to examine legally the instrument, as: (i) scope, (ii) concept, (iii) legal nature and (iv) different punctuation species. The especial aims are: (i) to understand if the absence of good faith in these pacts characterize the practice of illicit or if it deals with abuse of right, and (ii) to establish in which cases and how it will be imputed equity consequences arising from the breach of any of its provisions or of the covenant. The methodology used is a literature review and research tried in Courts. Some of the results obtained in the discussions shown imply in suggestions to make more efficient the presentation of the general and special requirements of the MOU.
- memorandum of understanding,
- technology transfer,
- requirements and purposes,
Available at: http://works.bepress.com/claudia_nunes/3/