Intellectual Property

Intellectual Property contracts and licensing

Intangible assets can create value through their exploitation: through licences, assignments, contributions to companies, franchising and other commercial transactions. We draft and negotiate the contracts needed to structure these transactions with legal certainty and handle their recordal where applicable.

What we do

We work alongside the company's commercial and legal management so that each contract reflects the business and protects the asset.

  • Licence agreements for trademarks, patents, designs, software and copyright, exclusive or non-exclusive.
  • Assignments and transfers of intellectual property rights, and their recordal before DINAPI.
  • Coexistence and delimitation agreements between trademarks.
  • Franchise, distribution and technology transfer agreements with an IP component.
  • Intellectual property and confidentiality clauses in employment, development and service agreements.
  • Due diligence of intangible assets in corporate and investment transactions.

Why the contract matters

A good intellectual property contract defines precisely what is licensed or assigned, in which territory, for how long, with what exclusivity and for what consideration; it regulates quality control, use of the mark, ownership of improvements and what happens when the relationship ends. Those definitions prevent most later disputes.

In Paraguay, recordal of licences and assignments before DINAPI is relevant for the act to be enforceable against third parties and for use by the licensee to count as use of the mark. We align the drafting of the contract with the formal requirements of that recordal.

For international clients and foreign associates

We adapt international licence or distribution agreements to Paraguayan law, review governing law and jurisdiction clauses, and set out the documentary requirements for their implementation in Paraguay. We also handle the recordal before DINAPI of licences and transfers of intellectual property rights by foreign owners.

Frequently asked questions

Does a trademark licence have to be recorded in Paraguay?

Recordal before DINAPI is not a condition of validity between the parties, but it is relevant against third parties and to show that the licensee's use counts as use of the mark. We recommend recording it.

Can I license my trademark to a company abroad?

Yes. The contract should define territory, exclusivity, term, royalties, quality control and governing law. If the mark is registered in Paraguay, the licence can be recorded before DINAPI.

What does an intellectual property due diligence cover?

Ownership and validity of trademarks, patents, designs and works; the contracts affecting them; infringement risks and pending encumbrances. It is standard in company acquisitions, investments and franchising.

Contact

Let's talk about what you need.

Tell us what you need to protect. We reply in English, Spanish or Portuguese, usually within one business day.