PREPARATION OF A MANUAL ON LEGAL DUE DILIGENCE OF TRADEMARKS FOR QUALIFICATION OF CORPORATE LAWYERS

Abstract

The Brazilian mergers and acquisitions (M&A) market has been growing significantly, highlighting the importance of valuing intangible assets like trademarks. However, in-house lawyers often lack specific training in intellectual property, leading to a dependence on external consultancies. This makes the acquisition process slower and more costly, impacting the economy. Given this scenario, this study investigated how the development of a practical legal due diligence manual for trademarks could help train these professionals, thereby strengthening the legal security of such transactions. The research, which was descriptive and qualitative, was based on a literature review, an analysis of INPI (National Institute of Industrial Property) documents, and benchmarking. The hypothesis that creating an applied manual, capable of qualifying lawyers and promoting the legal department's autonomy, would improve legal security and reduce costs was confirmed. The results revealed a gap in the literature, which has historically focused on the initial registration of trademarks rather than the analysis of existing portfolios in M&A contexts. To address this gap, a technological product was developed: a practical digital manual. This manual has contributed to cost savings, increased agility, and enhanced legal security in M&A transactions. It also strengthens the legal sector's position as a strategic partner in the valuation of intangible assets, ensuring greater efficiency and autonomy in M&A operations while consolidating a field of knowledge that was previously underexplored.