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The external acquisition of technology by entering into technology transfer agreements can be shown as an important source of innovation, allowing not only the purchaser of the technology but also the owner of the same make use of inherent in this practice benefits. However, in heterogeneous character of contracts is verified the presence of restrictive clauses and abusive character of practices, which requires greater state attention in the analysis and registration of contracts involving the transfer of technologies. By such reason, the present work aims to present the standards related to regulation of the restrictive clauses in Technology Contracts in Brazil, encompassing the regards Legislation to Industrial Property, the Normative Acts issued by INPI and provisions of TRIPS Agreement. Moreover, will be analyzed some judged on the topic in administrative and judicial instance. Finally, will be proposes a reflection in regarding the benefits of a greater or lesser state intervention in analysis and registration of Technology Transfer Contracts.

revista de propriedade intelectual

AS CLÁUSULAS RESTRITIVAS E AS PRÁTICAS ABUSIVAS EM CONTRATOS DE TRANSFERÊNCIA DE TECNOLOGIA NO BRASIL: UMA ANÁLISE SOB A PERSPECTIVA DA PROPRIEDADE INTELECTUAL