There was one very clear finding from the polls: speed is
considered the most challenging aspect of IP litigation in the
|On the ball:
could Brazil's footballers teach their courts some
lessons about pace and timing?
69% of those who voted agreed, while just 19% said
consistency of judgments was the number one issue, and just 13%
said cost. None at all chose quality of judgments (the other
Judging from the discussion between the panellists that
followed, it seems that speed of trials is a particularly big
problem in Brazil because of the concentration of litigation in
the Rio de Janeiro courts and the possibility of multiple
(vexatious) appeals and staying actions.
This is not a new complaint. In a roundtable discussion we published last
month, UK IP attaché Sheila Alves said that the slow
pace of litigation in Brazil was among the top complaints she
hears, along with the lack of specialized judges (and it may
be, of course, that those two issues are connected).
It should be said of course that you would probably get
similar complaints about speed regarding IP litigation
throughout Latin America and indeed in many other
jurisdictions, including the EPO and parts of the United
But this is something the Brazilian authorities should not
ignore. Lawyers report increasing interest from overseas
investors in the country, and a growing number of disputes
coming before the courts. With the country hosting the football
World Cup next year, and the Olympics taking place in Rio in
2016, action needs to be considered now to ensure that justice
is not delayed.
Listen to the recorded webinar on IP litigation in Brazil on