A dispute between two prospective aircraft manufacturers could end up in court.
Desaer, a Brazilian company founded in 2017 by former Embraer employees, claims that EEA Aircraft and Maintenance, owned by the son of the president of the Portuguese Legislative Assembly, appropriated the design of the ATL 100 turboprop, for 19 passengers.
With support from CEIIA (Center for Engineering and Development), EAA intends to implement the first assembly line for a Portuguese aircraft in Ponte de Sor, which will produce the first units in 2028.
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The model, called LUS 222, will be powered by two engines, have a high wing and a T-tail. The unpressurized fuselage will be able to carry 19 passengers or 2.5 tons of cargo.
Desaer, in turn, unveiled the ATL 100 in 2018, with a similar proposal. Since then, the company has been seeking to make the project viable and even closed an agreement with a state government in Brazil to build its factory.
In 2020, the startup announced a joint venture with CEIIA (Center for Engineering and Development), from Portugal, to manufacture the turboprop.
The partnership was eventually dissolved, but in 2022 EEA Aircraft and Maintenance SA, which has the support of CEIIA, announced the launch of the LUS 222.
Last December, part of the construction of the LUS 222 was contracted to another Brazilian company, Akaer, which will be responsible for part of the aircraft’s structures.
The similarity between the two turboprops led Desaer to accuse CEIIIA of having appropriated its project.
According to a note sent by the company, the Portuguese government’s research institute had access to confidential technical information about the ATL 100.
Clause prevents competition until 2025
DESAER revealed that CEIIA had contacted it in 2019, interested in the project of the two-engine aircraft with capacity for 19 passengers.
The agreement concluded provided that the Brazilian company would provide the intellectual property and know-how, as well as market research and relevant information, while the Portuguese partner would seek to secure resources for its production.
The joint venture was dissolved in 2021 and the contract provided that CEIIA could not launch a similar product until 2025 nor use the information provided, which was exclusive to the partnership.
“Desaer confirms that it holds the intellectual property and all rights to the development and production of the ATL 100, launched in October 2018 and registered in Brazil as a Strategic Defense Product (PED). Therefore, no other company or entity worldwide can develop or produce such an aircraft, with its unique characteristics,” the company said in a statement.
According to the company, CEIIA has already been notified by its legal department. DESAER stated that the ATL 100 is still under development and that suppliers should deliver components for the construction of the aircraft prototype soon.
Bandeirante Replacement
Desaer has unveiled the ATL 100 with plans to make it a replacement for the Bandeirante, Embraer’s pioneering aircraft. The aircraft was designed for both civil and military use and can carry 19 passengers or three LD3 cargo pallets.
The aircraft’s expected range is over 1,600 km and will be equipped with two Pratt & Whitney PT-6 engines. The project calls for a robust and simple aircraft with a high wing, T-tail and fixed landing gear.
