Social function as a basis for the revaluation of the technology transfer agreement

Authors

  • Lívia Barboza Maia Doutoranda pela UERJ

Abstract

This article aims to reflect on how the social function of the contract can support the revaluations of the technology transfer agreements. The focus of this paper is on the license agreements for the use of industrial property rights. Considering that industrial property rights are functionalized – under the terms of the Federal Constitution – for the country’s social, economic and technological development, a license agreement to use these rights that does not meet this purpose violates the principle of social function. As the Brazilian Patent and Trademark Office is, under the terms of the law that created it, the competent authority for the enforcement of the rules that regulate industrial property seems to be the most appropriate as it is also the one responsible for the valuing of technology agreements, including so that they meet the principle of the social function of contracts.

Keywords: New contractual principles. Contract. Social function of the contract. Technology transfer. Industrial property.

 

Author Biography

Lívia Barboza Maia, Doutoranda pela UERJ

Doutoranda e Mestre em Direito Civil pela UERJ. Especialista em Direito da Propriedade Intelectual pela PUC-Rio. Professora nos cursos de Pós-Graduação lato sensu na PUC-Rio.

Published

2022-07-18

How to Cite

Maia, L. B. (2022). Social function as a basis for the revaluation of the technology transfer agreement. Revista Brasileira De Direito Civil, 31(01), 231. Retrieved from https://rbdcivil.emnuvens.com.br/rbdc/article/view/534