Concerns raised over litigation speed in Brazil

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Concerns raised over litigation speed in Brazil

We had a topical webinar on IP litigation in Brazil this week, with some great presentations and insightful contributions from the audience, via interactive polling

There was one very clear finding from the polls: speed is considered the most challenging aspect of IP litigation in the country.

brazil-football-wallpaper-250.jpg

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 option available).

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 States.

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 managingip.com.

more from across site and SHARED ros bottom lb

More from across our site

Regulatory changes and damages risks are prompting Canadian firms and clients to opt for settlements in generic and biosimilar cases
News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
Gift this article