Brazil Offers Attractive Battleground For Enforcing Patents

Author:Mr Ricardo Dutra Nunes
Profession:DANIEL Legal & IP Strategy
 
FREE EXCERPT

Although the amount of patent litigation in Brazil is far from the level of litigation in the US, patent infringement actions are very common in the jurisdiction. Such actions are the most effective measure against infringers, since preliminary injunctions are widely available. This makes Brazil very attractive as an additional battlefield for worldwide patent disputes.

Brazil has a truly independent judiciary system, and judges are doing their best to enforce the rule of law. In contrast to other BRICS countries, there is no bias against foreign companies. A great number of infringement actions initiated against local companies are filed by foreign entities, and their chances of success are basically the same as those of any other plaintiff.

In comparison with the US, the standards for obtaining injunctive relief in Brazil are much lower than one might expect as, for instance, there is no need to give notice to the defendant, and the parties are allowed to have ex parte in chambers meetings with the judges, meaning that plaintiffs are often able to obtain preliminary injunctive relief even before the defendants are served with the summons. In certain places, for example, Rio de Janeiro, plaintiffs are able to obtain injunctions more often than not.

Moreover, obtaining preliminary injunctive relief is possible even if the asserted patents cover standard-essential technologies, as in Vringo v ZTE and Ericsson v TCT. In both cases, the defendants were prevented from manufacturing, using, selling, offering and importing the infringing goods in Brazil. A preliminary injunction may also include search and seizure measures or orders for the defendant to present copies of contracts and other relevant documents, as well as notifications to third parties and to customs authorities to make...

To continue reading

REQUEST YOUR TRIAL