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Article
TECHNOLOGY TRANSFER MEMORANDUM OF UNDERSTANDING - MOU - LEGAL ANALYSIS
Revista da Seção Judiciária do Estado do Rio de Janeiro (2013)
  • Claudia Ribeiro Pereira Nunes
Abstract

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.

Keywords
  • memorandum of understanding,
  • punctuation,
  • technology transfer,
  • requirements and purposes,
  • damages
Publication Date
2013
Publisher Statement
The aim of the journal is to publish scientific articles by authors from institutions teaching or research, domestic or foreign, thematic lines of research involving the Master program in Negotiation Law:) Negotiating relationships in Private Law; b) Access to Justice - Settlement of Disputes Relating to Business Legal and Public Private Involving Individual interests and transindividual; and c) Contemporary State: Corporate Relations and International Relations.
Citation Information
Claudia Ribeiro Pereira Nunes. "TECHNOLOGY TRANSFER MEMORANDUM OF UNDERSTANDING - MOU - LEGAL ANALYSIS" Revista da Seção Judiciária do Estado do Rio de Janeiro Vol. 20 Iss. 38 (2013)
Available at: http://works.bepress.com/claudia_nunes/3/