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 2025

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

With the US privacy landscape more fragmented and active than ever and federal legislation stalled, lawyers at Sheppard Mullin explain how states are taking bold steps to define their own regimes
Viji Krishnan of Corsearch unpicks the results of a survey that reveals almost 80% of trademark practitioners believe in a hybrid AI model for trademark clearance and searches
News of Via Licensing Alliance selling its HEVC/VCC pools and a $1.5 million win for Davis Polk were also among the top talking points
The winner of a high-profile bidding war for Warner Bros Discovery may gain a strategic advantage far greater than mere subscriber growth - IP licensing leverage
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Varuni Paranavitane of Finnegan and IP counsel Lisa Ribes compare and contrast two recent AI copyright decisions from Germany and the UK
Exclusive in-house data uncovered by Managing IP reveals French firms underperform on providing value equivalent to billing costs and technology use
The new court has drastically changed the German legal market, and the Munich-based firm, with two recent partner hires, is among those responding
Consultation feedback on mediation and arbitration rules and hires for Marks & Clerk and Heuking were also among the major talking points
Nick Groombridge shares how an accidental turn into patent law informed his approach to building a practice based on flexibility and balancing client and practitioner needs
Gift this article