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360º degree intellectual property protection in the healthcare industry

It is known that there is an increased demand for health services across the world. Global population growth, aging population and an increased pace of medical advances are some of the factors contributing to the higher demand for health care services. According to Eurostat data, the current healthcare expenditure relative to Gross Domestic Product in 2019 in the European Union was of 9.92%, being that among the EU Member States, Germany (11.7 %) and France (11.1 %) had the highest healthcare expenditure relative to Gross Domestic Product in 2019, Portugal having a 9.53% healthcare
expenditure relative to Gross Domestic Product in said year.

A relatively consensual definition of health care industry – also called the medical industry or health economy – is an aggregation and integration of sectors within the economic system that provides goods and services to treat patients with curative, preventive, rehabilitative, and palliative care. (…)

Read the full article (page 14 and 15).

 

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European Commission presents the proposal for a new Tax Directive: DEBRA

On 11 May this year, the European Commission published a proposal for a Directive to combat tax asymmetries between the various Member States, providing a tax deduction mechanism for amounts corresponding to increases in equity capital in a fiscal year, under similar conditions to those provided for debt.

Therefore, to stimulate the financing of companies through equity – thus contributing to the capitalisation of financially vulnerable companies -, a range of practical measures for this type of operation is now presented, especially considering that some tax systems of the Member States of the European Union already offer incentives in this field.

For example, this is the case with Portugal, which has enshrined in Article 41-A of the Statute of Tax Benefits the possibility for companies to deduct an amount corresponding to the conventional remuneration of share capital.

Taxpayers subject to corporation tax in one or more Member States of the European Union, excluding financial entities, will be able to apply a notional interest rate to the variation in their net assets between the current tax year and the previous tax year to this difference, the value of which may ultimately be deducted for tax purposes in the following ten tax years up to 30% of the EBITDA.

In this regard, the proposal also contains several anti-abuse exclusion measures. Thus, and as an example, equity increases originating from (i) intra-group loans, (ii) intra-group transfers of existing shareholdings or business activities and (iii) under certain conditions, cash contributions, will be excluded from the calculation of the increase in net equity.

Diametrically, a 15% limit to the deductibility of interest on debt financing is created as a disincentive to financing practices considered surplus.

Strictly speaking, it should be noted that this reflects the provisions already adopted by the European Union concerning the ATAD, in which the legislative harmonisation is expressed in the proposal, with the application of the DEBRA rule in the first instance, followed by the limit applicable by the ATAD.

The objectives expected from the introduction of the measures are essentially reflected in the possibility of increasing investment, employment and business growth, with a particular impact on SMEs, which will benefit from the possibility of deducting a notional interest rate over 1.5% depending on the risk, which is believed to facilitate their economic recovery and increase their resilience.

Finally, the Directive plays an essential role in standardising EU rules, mitigating market distortions within the EU itself and the risks of ‘treaty shopping’, creating a more cohesive tax environment from January 2024.

Article published in Advocatus

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Caiado Guerreiro assists LoRin in the creation of the IoT network

Following LoRin business implementation policy, Caiado Guerreiro assisted in the complete registration of IoT (Internet of Things) network with ANACOM, as well as assisting in the development of the company’s business through several contracts signed with partners entities.

Ricardo Lopes, partner at Caiado Guerreiro, associate Zuzanna Maria Sadlowska and João Sismeiro Pereira advised the company on all legal issues inherent to the process.

“We like working with Lorin because it is an innovative technology, linked to the Internet of Things, which also requires lawyers to have technological knowledge,” explains João Caiado Guerreiro, managing partner at Caiado Guerreiro.

LoRin is a Lisbon-based technology company that is building IoT network in Portugal. These networks allow the installation of a range of solutions favourable not only to the improvement of connectivity in important sectors of activity, such as agriculture, transport or industry, but also to the acceleration and development of smart cities.

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TOP 30 law firms in Portugal

Iberian Lawyer has today published the list of the 30 largest law firms in Portugal, based on the revenues generated in 2021. According to this publication, in a year faced with significant challenges for the Portuguese and world economy, the 30 largest firms registered, together, a turnover of more than 500 million euros.

As a result of this data, Caiado Guerreiro maintains the same position reached in 2020 – 11th place – with a growth in revenue of 1.77%, for a turnover value of 17.1 million euros (values without VAT). This data shows Caiado Guerreiro‘s continued growth, year by year, in this parameter, consolidating its line of action totally focused on its clients and quality of service. In fact, in 2019, Caiado Guerreiro occupied the 19th position on this list.

For João Caiado Guerreiro, managing partner of Caiado Guerreiro, “more than the numbers, what is important is the trust that our clients place in us. We maintain a close relationship with everyone, where everyone is important, a relationship where our team is focused on providing a service of excellence”, he said.

The managing partner explains that Caiado Guerreiro’s goal is to “continue to grow”, to bring “even more knowledge to the team” and, above all, “to continue to be the law firm that everyone recognises as innovative, excellent and valuable”, he concluded.

Read: Iberian Lawyer publication no. 115

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Caiado Guerreiro distinguished at the Global Awards 2022

 

In the 2022 edition of the Global Awards, the prestigious publication Corporate INTL once again awarded Caiado Guerreiro for the work developed in 14 practice areas:

  • M&A
  • Dispute Resolution
  • Tax Law
  • Employment Law
  • Life Sciences
  • Insolvency Law
  • Tax Litigation
  • IP Law
  • International Taxation
  • Insurance Law
  • IT Law
  • Administrative Law
  • Data Protection & Cyber-Security Law
  • Energy Law

For João Caiado Guerreiro, Caiado Guerreiro’s managing partner, “the awards are a complement to the work done and an incentive to continue to be diligent and, above all, to grow in the already high-quality levels of our work because the clients will always be our greatest prize, our primary focus”, he said.

Over the years, Caiado Guerreiro has been recognized by Corporate INTL – and other directories – for providing its clients with high-quality legal services through a knowledgeable team of lawyers who collaborate with the firm in their respective areas.

Since 2005, Corporate INTL has connected with thousands of professionals in the corporate, financial, and legal fields and is one of the most widely used tools for finding experts in the legal sector.

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Fraudio BV starts its activity in Portugal advised by Caiado Guerreiro

Following its expansion policy, Fraudio BV has recently opened its activity in Portugal. Caiado Guerreiro advised the entire process of incorporation and establishment of the company in Lisbon, with associates Anthony Meira, Fábio Seguro Joaquim and Diogo Silva Melo advising on all legal issues inherent in the process.

“We enjoy working with these international clients, linked to the area of technologies, which bring jobs and know-how to Portugal”, said João Caiado Guerreiro, managing partner of Caiado Guerreiro.

The Dutch company, founded in 2019, is now based in Lisbon, Amsterdam, London and Barcelona, where it develops its work with financial and non-financial entities in the payments ecosystem. The main purpose of detecting fraud, money laundering and financial crimes with an innovative and secure technology.

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Carlos Peixoto reinforces the Caiado Guerreiro team

At the beginning of May Carlos Peixoto reinforced the Caiado Guerreiro team. A collaboration that maintained investment in specialized know-how and aimed at the strategic needs of Caiado Guerreiro national and international clients.

The former deputy to the Assembly of the Republic, and former president of the political committee of the district of PSD/Guarda, is recognized for his experience and work developed in several areas of law – with a focus on civil and criminal litigation – reflecting this collaboration the strengthening of Caiado Guerreiro growth strategy, also at the territorial level, recognizing the importance of the country interior.

For João Caiado Guerreiro, the firm managing partner, “Carlos Peixoto knowledge and experience will consolidate our already recognised multidisciplinary capacity, reinforcing areas related to litigation and criminal law, white-collar crime, because we want to accompany our clients in their day-to-day challenges and make a difference in their lives and businesses, also in more difficult moments”.

Carlos Peixoto has developed his work in the district of Guarda – with offices in Seia and Gouveia – and considers this a “well-thought collaboration, with well-defined goals, conciliating technical knowledge, experience and efficiency in response to clients, which are our main focus”.

For the lawyer, “Caiado Guerreiro is a consolidated company, with high skills, and where the work developed is carried out with competence.”

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The Legal 500 – Leading Firm in 2022’s Rankings

We are proud to announce that Caiado Guerreiro has again been ranked in The Legal 500 annual ranking for Law Firms.

The Legal 500 is an international directory that each year presents its research on law firms based on client feedback and extensive independent research in the market.

Read below our results for the 2022’s directory and some client feedback the research team received about Caiado Guerreiro’s work from the past year.

 

COMMERCIAL, CORPORATE AND M&A
Jointly led by João Caiado Guerreiro and Ricardo Rodrigues Lopes, Caiado Guerreiro’s corporate and M&A team handles a mix of acquisitions and disposals, mergers and joint ventures in a range of sectors, including chemicals, energy, telecoms, media and construction. Additionally, its practitioners provide assistance to core clients in an array of corporate law, regulatory and compliance matters. Co-head Rodrigues Lopes has noteworthy experience in cross-border transactions, corporate restructuring and contractual issues.

Client quotes

‘Proactivity and courtesy, high level of skills.’

‘Knowledgeable, responsive, super efficient and proactive. Exactly the overseas counsel you want.’

‘Ricardo Rodrigues Lopes – always on top of the issues and deadlines. Inspires absolute confidence with a clear and concise, to the point style.’

 

ENERGY AND NATURAL RESOURCES
Caiado Guerreiro is skilled at assisting across the gamut of matters pertaining to the generation, transportation and transmission of electricity, as well as oil and gas. Typical instructions range from advising on compliance and regulatory developments to handling M&A and financing deals. Jorge Ribeiro Mendonça – who oversees the energy and natural resources practice – is active in renewable projects and transactions, siting and permitting issues.

 

INTELLECTUAL PROPERTY
Caiado Guerreiro fields ‘a reliable and qualified team’ specialised in IP law, which excels in patent enforcement and defence within the pharmaceutical sector through litigation and arbitration. Furthermore, the team is well positioned to assist with trade mark prosecution and related administrative proceedings, as well as plant variety rights. Disputes involving pharmaceutical patents are a core focus for Ricardo Costa Macedo, who leads the department and is recommended for his ‘commitment to clients’ requests and needs’.

Client quotes

‘Caiado Guerreiro is a law firm that is unique for the value of its lawyers and the work philosophy it practises: always centered on the Client’s perspective and on client satisfaction.’

‘It stood out for its excellent quality of the legal service provided to the fees charged. We appreciate the work provided by the firm, always performed by a reliable and qualified team. Caiado Guerreiro & Associados was extremely important to centralise and develop the client’s demands, accomplishing promptly and with excellence our requests.’

‘Ricardo Costa Macedo is an exceptional lawyer: always available and very knowledgeable, he shows great interest and attention to Clients’ matters.’

 

DISPUTE RESOLUTION
Praised by clients for providing ‘outside the box’ and ‘innovative solutions’ in the context of dispute resolution, Caiado Guerreiro handles a range of corporate and commercial litigation, as well as arbitration proceedings. Assisting clients with out-of-court contentious matters is another core area of activity for the department, which is under the joint leadership of João Caiado Guerreiro and Sandra Ferreira Dias. Both have extensive experience in judicial and arbitral cases. Sandra Jesus is also noted; she is a point of contact for several domestic and international clients involved in litigation and arbitration.

Client quotes

‘ They think outside the box and often with innovative solutions.’

 

EMPLOYMENT
Caiado Guerreiro’s employment and labour law team has been involved in several major restructuring processes in the market, with increasingly important work such as contract flexibility, collective dismissals procedures, and lay off procedures also featuring in its recent workload. In addition, litigation before the labour courts is also in the purview of the team. Labour disputes specialist Ricardo Rodrigues Lopes co-leads alongside Jorge Ribeiro Mendonça, who specialises in employment-related corporate matters.

Client quotes

‘Ricardo Rodrigues Lopes is recommended.’

 

TAX
Caiado Guerreiro acts for a wide range of clients, including companies, charities, real estate investment funds and high-net-worth individuals. The team is particularly noted for the work it undertakes on behalf of private clients, and for its structuring advice in the context of business transactions, foreign investments and restructurings. Tiago Caiado Guerreiro, who is seasoned in transactional tax, double taxation treaties and transfer pricing, jointly oversees the practice with Ana Castro Gonçalves, who is often engaged in tax planning matters.

Client quotes
‘In-depth knowledge of tax matters.’

‘I was attended to promptly, quickly and impeccably! The availability was surprisingly remarkable at all levels, even on non-working days of the week, which surprised me immensely and we established a close relationship very quickly.’

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Caiado Guerreiro creates task force for legal support to refugees of the Russian-Ukrainian conflict

Caiado Guerreiro joined the international solidarity movement and created within its Immigration Department a Task Force to provide legal support to Ukrainian refugees arriving to Portugal from the conflict in Eastern Europe, which has already generated the largest wave of European refugees since the Second World War.

The team of lawyers will focus on providing pro bono support to Ukrainian citizens and residents who need it in the context of regularisation processes and obtaining residence permits in Portugal from the Immigration Services.

In the words of the managing partner, João Caiado Guerreiro, “The main goal is to help deburocratize the legal processes inherent to their residence and legalization in Portugal. We have an experienced and very well-trained team in this type of processes, and this is not the first time we have dealt with these challenges in our office, so it was imperative that we do our part to help the Ukrainian people, namely those who choose our country to be their new home.”

“Our Immigration team is well accustomed to providing assistance in different situations, to people of various backgrounds – having ourselves on the team staff of different nationalities – so we are the first to want to offer our knowledge and tools in supporting those who now so badly need them,” says Sara Sousa Rebolo, who co-heads the Immigration Law department, together with Maria Margarida Torres.

Estimates already point to a number of refugees exceeding four million. Portugal, being one of the European countries geographically furthest from the conflict, known for its peaceful environment, and also having a large community of Ukrainian immigrants in the country, is in fact a logical choice for many, either to join family members already in the country, or as a place of protection, having by now received over 4,000 requests for temporary protection and provided 16,000 jobs.

Given the situation, Caiado Guerreiro reinforces its social responsibilities and offers in solidarity what it can best: its services and its Team.

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Caiado Guerreiro helps the Casa de Santo António association

As usual at Christmas time, Caiado Guerreiro developed a solidarity action to support a Private Social Solidarity Institution.

In 2021, we decided to support mothers and children from Casa de Santo António, whose mission is to support the cause of unprotected maternity

Throughout December, we collected in our office several goods donated by our employees to offer to the association, and these were delivered this week.

Besides its main purpose of supporting mothers, the association also has the Casa das Crianças, which has a day-care center and kindergarten, and also the Casa dos Sabores, a professional kitchen and pastry shop whose profits support the institution.

On its website, the Casa de Santo António explains how those interested can help, from donations, to volunteering and direct support to the Casa das Crianças or the Casa dos Sabores.

More information on the link: www.casasantoantonio.org.pt/como-ajudar.

We thank all our collaborators and wish a Merry Christmas to all Casa de Santo António!