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Businesses that wish to take part in transactions in Brazil will need to follow the laws of this country and pay attention to the differences between intellectual property, acquisition, merger, and real estate regulations or else risk an ensuing lawsuit.
A Brazilian law firm experienced in financial legislation, contract law, and the economic stipulations that this nation incorporates may help businesses ensure that they commit to beneficial transactions, mergers, or acquisitions that meet the needs of both parties.
When investing in another country, it is important to know how its economic resources will benefit one’s company. The Economist reported that Brazil has been awaiting a financial recovery but it may not be coming anytime soon.
Economic Performance
The expansion was half that what the federal government promised, which fell at merely 0.6 percent. Guido Mantega, Brazil’s finance minister, said that these numbers were disappointing but expect there to be a 4 percent rise in recovery next year.
“The nastiest surprise was the fall in investment, despite the government’s efforts to lower business costs,” the news source stated. “The Central Bank has reduced the policy interest rate from 12.5% in mid-2011 to a record low of 7.25%; it has also pushed state banks to cut spreads and to lend more.”
Foreign companies may wish to consider investing in Brazilian resources, as the latest bank regulations have pushed down policy interest rates. It is possible that the tax on foreign-currency inflows has led some businesses to forego partaking in transactions within this nation.
By contacting Brazilian lawyers when encountering financial or economic issues, companies will be sure to gain solid representation in the courtroom. Also, undergoing arbitration and dispute resolution tactics provided by law firms in Brazil may help two parties resolve their problems.
Agreement on Brazilian Offshore Procedures
Within Brazil, arbitration and dispute resolution tactics have risen in recent years, as more businesses invest in the resources of this country and attempt to solve any problems arising from business dealings. The Brazilian arbitration law was passed in 1996, which led to an explosion of arbitration proceedings within the country over the past 15 years.
International commercial disputes are better resolved and settled before going to court, as lawsuits tend to cost companies millions of dollars. Foreign investment in Brazil has surged in recent years, which also contributes to the expansion of arbitration services in the nation.
Impartial local centers have also been instituted within the country to help businesses resolve their problems before going to court. Law firms in Brazil also include experienced and knowledgeable attorneys who offer arbitration and dispute resolution services to companies of any industry.
Chevron Corp and Transocean Ltd are two companies that may have benefited from undergoing arbitration proceedings instead of investing in lawyers for a $20 billion lawsuit due to an oil spill that took place in November 2011. Reuters reported that the two companies have made an agreement to change offshore operating and safety procedures in Brazil.
“The agreement, known as a “change-of-conduct accord,” was drafted at the companies’ request with federal prosecutors who are handling two civil lawsuits against Chevron and Transocean,” the news source stated. “The lawsuits are the largest-ever environmental prosecutions in Brazil.”
However, reports show that no one was hurt in the oil spill accident and no oil reached the shores. Also, no visible environmental impact was recorded, according to the source.
Businesses investing in the resources of Brazil who have encountered disputes with other companies would be wise to contact a Brazilian attorney with experience in arbitration and dispute resolution.
Intellectual Property Dispute
The legal system in Brazil differs somewhat from the United States and other countries, which incorporates intellectual property law, patent infringement and copyright legislation. In 1955, the country became part of the World Trade Organization (WTO), which means intellectual property laws are enforced in Brazil according to the organization’s requirements.
Copyright can be registered in Brazil with their patent office as well as the Brazilian National Library but will be instituted for only 70 years past the creator’s death and 50 years if it is a software product.
For businesses attempting to build a company or product within this country, executives must establish contact with the Brazilian Trademark and Patent Office, as it holds all industrial property rights including invention patents, trade designs, utility models, and trademarks.
The seed company Monsanto Co. is currently appealing to a state court in Brazil regarding its intellectual property rights, according to Bloomberg BusinessWeek. The Court of Justice in Mato Grosso has stated that collection in the country can resume for the company.
“This action reinforces our confidence in our ongoing legal position and highlights that the company’s first-generation Roundup Ready soybean products are protected by various intellectual property rights under Brazilian law,” Todd Rands, Monsanto legal director for Latin America, said in a statement.
The issue at hand was based on grower’s concern that the patent on the Roundup Ready soybeans had allegedly expired in 2010, which stopped their requirement to pay Monsanto a fee for these particular seeds. However, the company claimed that the Brazil legal system had extended the patent until 2014.
Businesses that need assistance with intellectual property rights when completing transactions within Brazil should consider consulting experienced attorneys from a Brazilian law firm. These professionals know the ins and outs of laws in Brazil and will represent any company effectively in court.
Brazils’ legislation against computer hacking
In today’s world, the advent of mobile technology and the widespread use of the internet has brought forth a number of legal issues that governments have been grappling with on an international basis.
With computer hackers, the spread of viruses and stolen information have led many lawmakers down a road of banning such actions from harming innocent victims. In Brazil, for instance, President Dilma Rousseff has signed two legislations into law that organize different types of cybercrime into two categories, according to Fox News. These include hacking into computers, stealing passwords and emails as well as attacking websites.
The new rulings specify the jail times affordable for each illegal cyber activity and puts forth more data within the Penal Code for the most serious crimes. Computer hackers that are thinking of committing grave mistakes such as stealing industrial computer secrets or hacking into private electronic communication systems should be aware that the new legislations will put them away in prison for a long time.
Those who consider releasing private information or photographs will experience even more severe penalties under the Brazil legal system. Also, victims that have had their personal credit card information stolen can rest assured that their attackers will be put in jail for up to five years.
However, there are some concerned citizens and organizations around the world that fear putting too many legal obstacles around the use of the internet could seriously compromise the freedom of speech and information on a global scale, according to World News Australia.
Businesses that wish to learn more about the penalties of cybercrime in Brazil should contact a Brazilian attorney. Professionals from a Brazilian law firm have the experience necessary to adequately represent any company in a cybercrime-related lawsuit.
BMW plans to build car factory
Companies that are conducting transactions, mergers, acquisitions or purchasing property in Brazil will have to follow all business law procedures, which include the country’s tax legislations. Title VI of the Brazilian Federal Constitution discusses the taxes and budget-related issues that businesses may deal with.
The National Tax Code, which was initiated in 1966, and the Administrative Tax Process may be two of the most important tax-related legislations in Brazil, as they provide a way for taxpayers to place an appeal with a federal revenues service whenever they disagree with a particular tax charge.
The major car manufacturer BMW had to postpone its plans temporarily to build a car factory in Brazil until the country’s new auto industry tax regime was released, according to the Wall Street Journal. The company wanted to wait to see if the financial viability of the project would be beneficial depending on new tax regulations for this industry. The government had previously increased taxes for imported cars by 30 percent but exempted automobile companies with a Brazilian factory.
“Brazil is a market with tremendous potential for the future,” BMW sales chief Ian Robertson said in a statement. “[The new plant] will create the necessary conditions for us to maintain the balance of sales between Europe, Asia and the Americas.”
The company will initiate production of automobiles by 2014 and plans to have a production capacity of 30,000 vehicles per year. More than 1,000 new employees will be hired in Brazil to help this car factory get off on the right foot, said BMW representatives.
Businesses interested in learning more about Brazil’s tax laws should contact experienced attorneys from a Brazilian law firm who have a strong understanding of the Brazil legal system.