Agribusiness

The agribusiness sector (agri-food or agro-industrial) has changed a great deal in recent years, because of the technological and innovation revolution that includesa search for production methods that will ensure the long-term sustainability of the land and conform to  the increasingly demanding requirements of food products.

From the Portuguese perspective, we highlight a growing international involvement and competitiveness on a global scale, especially in the agricultural products that distinguish Portugal, e.g., olive oil, wine and cereals, as well as the complexification of the production and distribution chains with an increasing technological component. The modernisation of the agricultural sector has allowed it to regain, in a sustained manner, a significant weight in the Portuguese economy, with an enormous potential for growth both nationally and internationally.

To meet these challenges, Morais Leitão’s team dedicated to this sector has a multidisciplinary character, which allows us to respond to the client in all areas involved.

Morais Leitão has been advising this dynamic industry through regular support to traditional companies of the national agricultural and agro-industrial sectors throughout their business cycle. We provide support to international investors with investments in these areas and support  new companies dedicated to technological innovation for the modernisation of agriculture, e.g,. agritech, in the different areas of activity necessary for the success of their businesses with emphasis on the following topics:

• Support in the establishment of companies and joint ventures dedicated to the sector and in the acquisition of lands and/or other methods of exploitation of agricultural assets.
• Agricultural regulations, including licensing of agricultural or agro-industrial activities, administrative and environmental restrictions and certification of organic production, where applicable.
• Financing methods of the respective activity, including how to obtain public support for the activity as in the case of agritech start-ups or support in investment rounds.
• Specific labelling, promotion and advertising rules for several products.
• Trademark and patent law and other intellectual and industrial property issues, including registration of designation of origin and geographical indications.
• Food safety and quality (including, where appropriate, operations to recall and the removal of defective products).
• Agreements on the distribution, agency, supply and sale of products in their various forms including electronic and consumer sales.
• Employment and tax law support including aid and subsidies and particular tax aspects of the sector.
• Competition and European legislation, including advice on State aid.
• Harvest insurance and other insurance specific to the activity.
• Renewable energies adjusted to agricultural production, as a way of ensuring  sustainability.
• Resolution of related disputes, analysing the most appropriate means in  light of the specifics of the sector and of each specific case.

Our participation in international networks allows us to offer clients easier access to local knowledge and experience in virtually any jurisdiction, which is particularly relevant in such an internationalised sector, where the transnational potential of contractual relations is increasingly a certainty.