Most recent posts in ‘Business Law’

January 7, 2013

New System protecting Rainforests

Within Brazil, there are severe restrictions when it comes to farming land and building factories or other corporate infrastructures. It is imperative for foreign companies to follow all environmental laws in Brazil before investing in any new properties or acquisitions.

With the help of a Brazilian lawyer, all entities should be able to follow the regulations instituted in Brazil to help keep the Amazon rainforests and environment from harm. The Associated Press reported that landowners who formerly broke environmental laws by clearing their land from native forests now have an additional way to repay the government, along with the standard solution of re-planting trees.

Within digital technologies, there is now a new process for farmers – an application, BVRio, that allows them to buy extra land from landowners who have an excess quota of untouched forests on their property. This new development will help both secure the needs of farmers and those of the government and environmental protection agencies.

“The trading platform launched this week allows farmers to find and negotiate directly with each other. For landowners, the new tool will be a boon,” the news source stated. “Buying a forest quota will likely be cheaper, and it certainly will be easier, than replanting a corresponding amount of native vegetation. About 400 property owners pre-registered with BVRio before its start.”

National Public Radio reported that the agriculture sector in Brazil has been booming, with foods varying from beef and chicken to soybeans and corn. While this has been vital for the economic growth of the country, some environmentalists have worried about farming cutting into the Amazon rainforest.

Foreign businesses working within this country will have to enforce all staff members to follow environmental laws in Brazil.

January 3, 2013

Sugar

Businesses considering investing in Brazilian property and developing mergers or transactions with other companies in the country will need to consult business attorneys from law firms in Brazil. The nation’s resources have also provided necessary produce for companies looking to open factories and other sites in Brazil.

For instance, sugar is a much-needed substance for various food products and populations around the world. However, Bloomberg Businessweek reported that the amount of sugar being sent to Malaysia and the Black Sea area from Brazil fell by more than 7 percent over the last week.

The total amount of sugar dropped by as much as 0.1 million metric tons when compared to the previous week. Refined or white sugar was found to be more popular, as it grew by 8 percent in one month and more companies have been refining the sweet produce since then.

“The major cause for the lower level of sugar prices through this harvest year is the relatively abundant production obtained both in the center-south Brazil as in other world producers,” Heloisa Lee Burnquist, an analyst at research group Cepea, wrote in a report.

Overall, sugar prices in Brazil fell by 21 percent in the second half of last year when compared to the same time period in 2011. These numbers were the lowest seen in the last four years, according to Bloomberg. Nonetheless, another study showed that sugar production far exceeds global consumption, with an excess of 7.8 million tons.

U.S.-based businesses attempting to invest in the resources of Brazil will need to follow all laws and regulations of the land to ensure they succeed. A Brazilian law firm can help such companies reach their goals while following business law procedures.

January 2, 2013

Copyright Infringement suit against Apple

Businesses that are opening up a factory or other site in Brazil will need to follow all laws and regulations regarding mergers, acquisitions and intellectual property that is standard within Brazil law.

For instance, copyright infringement is a major issue in the business world and foreign companies are advised to heed all copyright laws inherent in a different country such as Brazil. Also, when developing a product or service such as a movie or book, it is vital to speak with a lawyer in Brazil who can provide copyright protections for one’s work.

For example, a proper outlined document covering one’s intellectual property includes burdens of proof or a description of how a copyright may be broken. Also, a plan of action discussing a fine or imprisonment for copyright infringement needs to be included.

The Wall Street Journal reported that a Brazilian electronics company has developed a new smartphone that uses the same name as Apple’s iPhone brand.  IGB Eletrônica SA released a new phone called the “IPHONE Neo One” and used the particular name due to its filing for a trademark in 2000, which was before Apple released its device.

Since the company has actually had claim to the name before Apple, it is possible that the electronics maker will fight for its intellectual property rights.

“For telephones, the brand doesn’t belong to Apple. It belongs to Gradiente,” Silvia Rodrigues, interim director of the brands department at Brazil’s National Institute of Industrial Property, told the news source. “Gradiente has the right to defend its brand.”

Businesses attempting to protect their intellectual property in Brazil, much like IGB Eletrônica SA, would be wise to consult a Brazilian attorney specializing in copyright infringement cases.

December 31, 2012

Cell Towers in Brazil

Low-interest rates in the United States have allowed businesses – particularly a number of cellular tower companies – to expand their reach domestically and abroad. SBA Communications, headquartered in Florida, has now thrown its hat into the ring, acquiring 800 towers from Telefonica Brazil S.A., a leading local wireless carrier, for $178 million.

For SBA, the acquisition represents its first expansion of operations into Brazil. For Brazilians, the purchase could help boost the country’s telecommunications infrastructure leading up to the World Cup and Olympics – two world-wide spectacles that Brazil will host in the next four years. In light of Telefonica’s ongoing financial struggles, this acquisition should be of benefit to all who rely on those towers to communicate.

“This acquisition provides us with a national footprint of high quality towers, including leasing arrangements with all of the major broadband wireless providers, and establishes us as a substantial independent tower owner in an attractive and high growth market,” said SBA president Jeffrey Stoops.

The intricacies of mergers and acquisitions involving Brazil-based companies

As SBA executives no doubt discovered, the acquisition of a business operating in Brazil involves a number of legal concerns. They likely sought counsel from a Brazilian law firm to ensure that they navigated this potential legal minefield properly.

Brazilian lawyers not only understand the local market, they will help you to understand and mitigate the risks of business acquisitions, mergers or investments, so that you make a decision that is best for your business. A Brazilian law firm is your ally. Without one, you could agree to a deal that is not best-suited to your needs.

December 28, 2012

Farmers dispute on Land between Logging Companies

Businesses attempting to make transactions in Brazil or expand into this country will need to follow all regulations regarding mergers and acquisitions along with environmental laws. With the Amazon Rainforest playing a significant role in providing needed natural resources for populations at large, companies would be wise to take advantage of transactions with farmers and food producers based in Brazil.

By contacting a law office in Brazil, businesses will be able to follow all necessary legal procedures regarding the environmental protection of this country. BBC News reported that the Brazilian government provided thousands of families with programs and funds to settle the lands along the Transamazon highway.

However, these farmers and families experienced serious problems with big landowners and logging firms that lay claim to the territory they reside on. This form of dispute over land ownership exists today despite the fact that the government issued ordinances requiring the territory to belong to the farming families. The farmers are currently considering a new sustainable way of living off of the land, but the loggers find this problematic.

“We haven’t been intimidated,” Derisvaldo Moreira, a farmer residing near the Amazon, told the news source. “What really bothers us is the number of trees they’re felling. When they began, it was one tree here, another 200m away. But now they’re taking out all kinds of other less valuable timber – macaranduba, angelim vermelho, amarelao and so on. And when they go into the forest, they also damage a lot of the trees we need.”

Businesses conducting transactions in Brazil would benefit from complying with federal laws and avoiding disputes with local farmers. As such, consulting a Brazilian law firm may be useful for a company attempting to abide by environmental protections.