International Contracts of Technology Transfer and the Law 12.529/2011: An Analysis on the Concurrency Control in Cases of the American Company Monsanto.

Abstract

The current expansion of trade is due, mainly, to ease negotiations at the international level with, as a result, several transactions with products from other countries. The same applies to the purchase and sale of technology, bringing economic development in this tuning fork. But however that aims to exchange knowledge internationally, some technology transfer contracts are eventually used in masked form, to try to conquer the market dominance of particular branch and hinder innovation and economic development, behold, the holder technology can negotiate it with who him agree. The state action as a way to control the actions of international subjects can help restrain this practice, ensuring it is an open market, with due right to free competition. However, the Law 12.529/2011 does not determine the notification of the Administrative Council for Economic Defense (CADE) when the formalization of the contracts. In order to understand how it is done concurrency control in non-binding analysis of cases of submission of contracts and the placement of CADE after the creation of the law, we will briefly tried analysis involving international contracts of technology transfer and market dominance involving the american company Monsanto. For this pourpose, the methodology used is exploratory analytics.