Brazil - Propriedade Intelectual · the Order of the Federal Council of Attorneys of Brazil). FEES AND FUNDING 5. What legal fee structures can be used? ... . T T

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Dispute Resolution Handbook 2011/12 Country Q&A

© This article was first published in the PLCCross-border Dispute Resolution Handbook 2011/12 and is reproduced with the permission of the publisher, Practical Law Company.

Brazil

Fernando Eid Philipp, João Vieira da Cunha Manuela Correia Botelho Colombo and Raphael Lemos Maia

Gusmão & Labrunie www.practicallaw.com/9-502-2479

MAIN DISPUTE RESOLUTION METHODS

1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes?

Currently, the main dispute resolution methods used to settle large commercial disputes are litigation in federal and state courts and arbitration. Arbitration has gained popularity as a method of settling large commercial disputes, as it is more efficient than long court procedures. The expertise of the arbitrator(s) is also an important factor taken into account by the parties, despite the high costs usually associated with arbitration. Mediation is also used, but to a more limited extent, if compared with litigation and arbitration.

COURT LITIGATION - GENERAL

2. What limitation periods apply to bringing a claim and what triggers a limitation period?

The limitation periods vary depending on the subject matter of the claim. This matter is governed by the Brazilian Civil Code (Civil Code) and specific federal laws. The general (and maximum) limitation period is ten years. The occurrence of the violation generally triggers a limitation period.

For example:

� A claim for damages for a general violation of rights is subject to a three-year limitation period, counted from the date of the infringement.

� A claim for damages for intellectual property violation is subject to a five-year limitation period, counted from the date of the infringement.

� A nullity claim in relation to trade marks is subject to a five-year limitation period from the date of a trade mark registration.

� A nullity claim in relation to patents and industrial designs can be filed at any time during the term of the patent/design term.

Section 202 of the Civil Code lists the circumstances when a limitation period can be interrupted, for example, on a decision to serve summons.

In limited circumstances, the limitation period may not apply, such as when there is a violation of the public order and in other special cases defined by law (for example, when a third party registers, in bad faith, a well-known trade mark).

3. What is the structure of the court where large commercial disputes are usually brought? Are certain types of dispute allocated to particular divisions of this court?

The Brazilian legal system is divided into three levels:

� Lower Courts (first instance).

� Court of Appeal (second instance).

� Superior Federal Courts.

In a Lower Court, one judge is responsible for examining and resolving the matter in dispute. All evidence must generally be presented by the parties to a Lower Court judge, who will also hear witnesses and examine witness reports.

The Court of Appeal hears appeals against first instance decisions and interlocutory appeals. There are some cases in which the Court of Appeal will be the first to analyse the initial claim, such as when a writ is filed against a Lower Court judge act (for example, on the grounds of abuse of authority). The cases are decided by a panel of three judges.

Superior Federal Courts are divided into the Federal Supreme Court (Supremo Tribunal Federal) and the Superior Court of Justice (Superior Tribunal de Justiça) (STJ), located in Brasilia. These higher courts are responsible for ensuring the correct application by the lower courts of the federal constitution and the federal laws, respectively.

The federal courts (first and second instances) are responsible for dealing with cases involving a public entity (such as government agencies), in addition to other matters defined by the Brazilian Constitution (Constitution). All the other cases are directed to the state courts. Cases involving commercial disputes are generally filed before the state courts.

In some states, there are some specialised courts. For example:

� In Rio de Janeiro, there are federal courts (at first and second instances) that are specialised in commercial matters, for example, cases involving intellectual property.

� In Sao Paulo, there are courts within the Court of Appeal specialised in bankruptcy, environmental matters and commercial matters.


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The answers to the following questions relate to procedures that apply in all courts.

4. Which types of lawyers have rights of audience to conduct cases in courts where large commercial disputes are usually brought? What requirements must they meet? Can foreign lawyers conduct cases in these courts?

Bachelors of law who wish to represent a client before a court (federal or state) must register at the corresponding Brazilian Bar Association (one for each jurisdiction). Only those who are duly registered can provide legal consultation and conduct cases in court. The attorneys in Brazil can act as barristers and solicitors. All lawyers have the same rights and can act in all kinds of cases, including large commercial disputes.

There have been intense discussions concerning the possibility of foreign lawyers to conduct cases in Brazil. Under the Provision n. 91/2000 from the Order of the Federal Council of Attorneys of Brazil, a foreign lawyer can only act in Brazil after being authorised by the Brazilian Bar Association (Ordem dos Advogados do Brasil) (OAB). This authorisation, always granted on a temporary basis, only allows a consulting practice in relation to the law of the country of origin of the professional in question. Foreign lawyers are expressly prohibited from conducting cases in court, even with the assistance of national lawyers or law firms regularly enrolled and registered with the OAB. The only exception relates to Portuguese lawyers (Provision no. 129/2008 from the Order of the Federal Council of Attorneys of Brazil).

FEES AND FUNDING

5. What legal fee structures can be used? Are fees fixed by law?

The most common legal fee structures are hourly rates, success fee and/or task-based billing. The fees are not fixed by law.

The OAB has created a table of legal fees, which can be used by clients and lawyers as a reference. However, it is a mere suggestion by the OAB, and is not binding on the parties.

6. How is litigation usually funded? Can third parties fund it? Is insurance available for litigation costs?

Funding

The litigation costs must be borne by the parties involved, subject to qualification for legal aid (Article 19, Code of Civil Procedure (CCP)).

There is no prohibition for third parties to fund litigation, but it would have to be made on behalf of the official parties.

Insurance

The courts do not accept direct payment of an insurance company for litigation costs. However, the party can seek to take out insurance to cover its litigations costs.

COURT PROCEEDINGS

7. Are court proceedings confidential or public? If public, are the proceedings or any information kept confidential in certain circumstances?

This issue is addressed by section 155 of the CCP. Court proceedings are generally public. However, the following matters can be heard in private:

� Cases involving a public interest.

� Matters relating to marriage, parenthood, separation, conversion to divorce, maintenance and guardianship.

Only the parties and their attorneys can consult the court records and request the related certificates. A third party that can show a legal interest in the case can request a certified copy of the court decision as well as a certified copy of inventory and distribution order resulting from the divorce.

The parties can request that the proceedings be confidential in cases involving trade secrets and know-how, for example, based on section 206 of the Brazilian IP Law, which protects confidential information. The judge analyses the party’s request for confidentiality and makes a decision on the strength of the arguments and the relevance of documents. If the judge agrees to keep the proceedings confidential, all documents relating to the claim shall be confidential (only accessible to the parties and their attorneys).

8. Does the court impose any rules on the parties in relation to pre-action conduct? If yes, are there penalties for failing to comply?

There are no pre-action conduct rules in relation to large commercial disputes.

9. What are the main stages of typical court proceedings? In particular:

� How is a claim started?

� How is the defendant given notice of the claim and when must the defence be served?

� What are the subsequent stages?

Starting proceedings

The proceedings start with the filing of the complaint, in which the claimant explains the reasons that led to the dispute, and requests the intervention of the judge to resolve the conflict.

Notice to the defendant and defence

Once the judge receives the case records, he determines the summoning of the defendant. The summons can be sent through courier or a court official, who will personally deliver to the defendant a copy of the complaint or court order.

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As soon as the evidence that the defendant received a copy of the complaint (either by letter or by a warrant) is attached to the records, the deadline for presentation of the defence starts. As a rule, the defendant has 15 days to present his defence, but this may vary depending on the type of claim filed, or if there is more than one defendant assisted by different attorneys.

Subsequent stages

The proceedings in the lower court are divided into three distinct phases:

� Pleadings.

� Evidence.

� The decision-making.

From the filing of the initial complaint to the issuance of the final decision, it normally takes one to two years.

At the pleadings stage, the parties present their reasons of merit, as well as their answers and/or counterclaim, bringing to the attention of the judge the controversial aspects of the suit. This phase normally takes from three to six months.

At the evidentiary phase, the parties must present all the necessary evidence for the correct evaluation of the case by the judge. It is the moment to require, for example, expert examination, hearing of witnesses or personal deposition. This phase usually lasts from six months to one year.

At the decision-making stage the judge assesses any claims made by the parties, examines the evidence and decides on the merits. Once the judgment is rendered, the proceedings end in the first instance. The unsuccessful party can appeal to higher courts. This stage usually takes from six months to one year.

INTERIM REMEDIES

10. What actions can a party bring for a case to be dismissed before a full trial? On what grounds must such a claim be brought? What is the applicable procedure?

A case can be dismissed before a full trial in two circumstances.

The action can be dismissed without examination of the merits, if any legal irregularity is verified. Legal irregularity can be verified on one of the following grounds (section 267, CCP):

� The judge summarily rejects the complaint.

� The proceedings have been still for more than one year through the negligence of the parties.

� The claimant failed to take the necessary steps in the proceedings, thereby abandoning the claim for more than 30 days.

� Legal requirements for the development of valid and regular proceedings are absent.

� The judge accepts the plea of estoppel, lis pendens or res judicata.

� The legal conditions for an action are not accomplished, such as the legal possibility of the pledge, the legitimacy of the parties and the procedural interest.

� The existence of a valid arbitration clause previously agreed by the parties.

� The claimant withdraws the claim.

� The claim is considered non-transferrable in law (for example, death of the spouse in divorce proceedings).

� There is confusion between the claimant and defendant (for example, merger of two companies, which are the claimant and defendant in the proceedings).

The process can also be dismissed before the full trial if the issue involves only questions of law. The judge will decide the case directly on the basis of the complaint and pronounce his judgment if one of the following applies (section 330, CCP):

� The issue of merit involves solely questions of law, or, if it involves facts, there is no need to produce evidence (the facts are uncontroversial).

� The defendant does not present an answer.

11. Can a defendant apply for an order for the claimant to provide security for its costs? If yes, on what grounds?

A defendant can make such an application. A claimant, whether Brazilian or a foreign person, must provide sufficient security (by posting a bond) to the judge to cover the judicial costs and attorney’s fees of the counterparty if the both of the following apply:

� The claimant resides outside of Brazil or leaves Brazil while the claim is pending.

� The claimant has real property in Brazil that assures the payment of those counterparty’s fees.

The security can be requested either:

� By the judge ex officio.

� By the defendant, as soon as he realises that this action is required.

12. In relation to interim injunctions granted before a full trial:

� Are they available and on what grounds are they granted?

� Can they be obtained without prior notice to the defendant and on the same day in urgent cases?

� Are mandatory interim injunctions to compel a party to do something available in addition to prohibitory interim injunctions to stop a party from doing something?

Availability and grounds

Interim injunctions are available and can be claimed at any moment. The CCP sets out the requirements to request interim injunctions (sections 273 and 461, CCP).




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Prior notice/same-day

Interim injunctions can be obtained without prior notice to the defendant and on the same day in urgent cases and when the arguments are sufficiently proved (indisputable evidence).

Mandatory injunctions

It is possible to request mandatory interim injunctions in addition to prohibitory interim injunctions.

13. In relation to interim attachment orders to preserve assets pending judgment or a final order (or equivalent):

� Are they available and on what grounds must they be brought?

� Can they be obtained without prior notice to the defendant and on the same day in urgent cases?

� Do the main proceedings have to be in the same jurisdiction?

� Does attachment create any preferential right or lien in favour of the claimant over the seized assets?

� Is the claimant liable for damages suffered as a result of the attachment?

� Does the claimant have to provide security?

Availability and groundsInterim attachment orders are available and can be brought at any moment during the proceedings. For example, it can be granted if the interested party can prove that there is a risk that the assets will disappear.

Prior notice/same-day

Interim attachment orders can be obtained without prior notice to the defendant and on the same day in urgent cases.

Main proceedings

The main proceedings do not necessarily have to be in the same jurisdiction. The main proceedings are generally in the same jurisdiction. However, in certain circumstances, the attachment can be performed in the jurisdiction where the assets are located.

Preferential right or lien

This depends on the origin of the goods and purpose of the attachment. If the attachment order is granted to ensure a future payment, or as a form of execution, the assets must be returned to the defendant after the payment is made. If the defendant does not pay the debt, the attached goods will be evaluated and subsequently brought to auction. In this case, the claimant is entitled to keep the seized property, if he wishes. However, the purpose of the auction is selling the goods and obtaining the payment of the debt.

If the attachment order was granted over a particular asset, the claimant will have preferential right over the seized assets.

Damages as a result

The Civil Code provides that anyone who causes damages to others must repair them.

Therefore, if an attachment order is granted, and at the end of the proceedings, the claim is dismissed, the defendant may claim compensation for all damages suffered as a result of the attachment.

Security

This depends on the scope of the request. The judge may require a security deposit by the claimant ex officio. The security deposit may be required whenever the claim presented by the claimant may cause damage to the defendant that will be difficult repair.

14. Are any other interim remedies commonly available and obtained?

No other interim remedies are commonly available.

FINAL REMEDIES

15. What remedies are available at the full trial stage? Are damages just compensatory or can they also be punitive?

The remedies available at the full trial stage are:

� Damages (including indemnity).

� Injunctions.

� Affirmative or negative covenants.

� Declaratory relief.

In Brazil, only compensatory damages are prescribed by law. Punitive damages are accepted by some well-known legal authors, but this is still a controversial issue at the courts.

EVIDENCE

16. What documents must the parties disclose to the other parties and/or the court? Are there any detailed rules governing this procedure?

The parties must submit all documents necessary for the correct understanding of the case. However, the parties cannot present any documents later than at the beginning of the proceedings, unless it is a document that was not obtainable at an earlier stage.

17. Are any documents privileged? In particular:

� Would documents written by an in-house lawyer (local or foreign) be privileged in any circumstances?

� If privilege is not recognised, are there any other rules allowing a party not to disclose a document (for example, confidentiality)?

Privileged documents

There are documents that can be considered privileged under the Brazilian Civil Procedure Law. For example, negotiations between the lawyers who represent the parties (local or foreign)



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are considered privileged in any circumstances, and therefore cannot be disclosed.

Other non-disclosure situations

There are also other situations where a party cannot disclose a document, namely in confidentiality transactions, such as technology transfers and IP licence agreements.

18. Do witnesses of fact give oral evidence or do they just submit written evidence? Is there a right to cross-examine witnesses of fact?

Witnesses of fact are appointed by the parties and they can give oral evidence during a hearing scheduled by the judge (section 400, CCP). Written evidence can also be presented.

There is a right to cross-examine witnesses of fact section (section 414, §1, CCP).

19. In relation to third party experts:

� How are they appointed?

� Do they represent the interests of one party or provide independent advice to the court?

� Is there a right to cross-examine (or reply to) expert evidence?

� Who pays the experts’ fees?

Appointment procedure

During the evidentiary phase of the proceedings, the lower court appoints a court expert to produce an expert report. After the judge authorises the performance of an expert examination, third party experts (called technical assistants) can also be appointed by the parties to assist the court expert.

Role of experts

The court expert provides independent advice to the court, while the technical assistants represent the interests of the party who appointed them. They can assist the court expert indicated by the judge during the evaluations, technical analysis, visits and other necessary acts.

Right of reply

After the expert report is presented to the judge, the parties and their technical assistants can reply to and/or cross-examine the expert evidence.

Fees

The general rule is that the claimant bears the court expert’s fees. However, if the claimant does not ask for an expert examination and the defendant does, the latter must pay the corresponding fees. Technical assistants are paid by the party who appointed them.

APPEALS

20. In relation to appeals of first instance judgments in large commercial disputes:

� To which courts can appeals be made?

� What are the grounds for appeal?

� What is the time limit for bringing an appeal?

Which courts

At state level, appeals can be directed to the appropriate state Court of Appeal (one for each Brazilian state). At the federal level, the appeals can be directed to the federal Court of Appeal (Tribunais Regionais Federais) correspondent to the region. There are five federal Courts of Appeal in Brazil.

Grounds for appeal

A party can appeal to the Court of Appeal asking it to re-examine all of the matters previously analysed by the Lower Court judge. If the party claims that the Lower Court judge did not apply the law correctly, it can request a modification of the judgment. If the party shows that the Lower Court decision is invalid, the party can ask the Court of Appeal to annul the judgment and issue a new one.

Time limit

Normally, the party has 15 days to file an appeal after the first instance judgment is officially published. If there are more than two defendants or claimants who want to appeal, and they are represented by different attorneys, they have 30 days to appeal (section 191, CCP).

CLASS ACTIONS

21. Are there any mechanisms available for collective redress or class actions?

There are mechanisms for collective redress or class actions, which have been acquiring more importance recently.

Essentially, there are three types of class actions:

� Popular action under Law n. 4,717/65.

� Public civil action under Law n. 7,347/85.

� Collective action under the Consumer Code (Law n. 8,078/90).

These class actions mainly relate to diffuse rights, collective rights and individual rights (defined by section 81, III of the Consumer Code). Therefore, these types of actions are usually not related to large commercial disputes.




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COSTS

22. Does the unsuccessful party have to pay the successful party’s costs and how does the court usually calculate any costs award? What factors does the court consider when awarding costs?

In Brazil, the unsuccessful party must always pay the successful party’s legal fees and court costs. The legal fees are usually calculated by the judge to comprise from 10% to 20% of the amount in dispute (which can vary), regardless of the actual fees spent by the successful party.

The court costs comprise, among others:

� The initial fee to file the claim, usually fixed at 1% of the value of the claim.

� Any expert fees.

� Costs of appeal.

When awarding costs the judge may consider, for example, the length of the proceedings and the amount of motions and evidence filed by the parties. Those factors are listed in section 20, § 3º of the CCP, among others.

If a settlement agreement is reached, the legal fees and court costs can be waived.

23. Is interest awarded on costs? If yes, how is it calculated?

Interest is awarded on costs and it is usually calculated at 1% per month, counted from the date of the service of proceedings. The amount due is also subject to monetary correction calculated according to an index established by each Court of Appeal.

ENFORCEMENT OF A LOCAL JUDGMENT

24. What are the procedures to enforce a local judgment in the local courts?

Section 475-I and following of the CCP generally establish which procedures apply to enforce a local final judgment.

If the amount due is already calculated, the court notifies the debtor to pay the amount within 15 days. If the debtor does not pay such amount on time, a fine of 10% is added to the amount due. If the debtor does not make the payment, the claimant can, for example, request the seizure of goods and money in the debtor’s bank account.

If the claimant’s object is to secure the execution of an obligation (positive or negative) by the debtor, the judge may authorise effective measures to oblige the defendant to accomplish such obligation (such as seizure of goods and daily fine imposition).

CROSS-BORDER LITIGATION

25. Do local courts respect the choice of governing law in a contract? If yes, are there any areas of law in your jurisdiction that apply to the contract despite the choice of law?

Local courts respect the choice of governing law in a contract.

However, this is not straightforward. In certain circumstances, Brazilian law will apply to the contract despite the choice of law. In cases concerning intellectual property rights, the applicable law is the law of the location of the property in question.

The Civil Code Introductory Law (Law Decree n. 4,657/42) (LICC) provides specific rules to qualify and govern obligations between the parties. The applicable law is the one related to the country in which the obligations were constituted, whereas the obligation arising from a contract is deemed to be constituted in the place where the proponent resides. The Brazilian court is competent to analyse the case if the defendant is seated in Brazil or if the obligation (in general) must be accomplished in the Brazilian territory (section 12, LICC). Lex rei sitae is also applicable.

Further, a claim filed before a foreign authority does not lead to lis alibi pendens, nor prevents the Brazilian authority from adjudicating the same claim (section 90, CCP).

26. Do local courts respect the choice of jurisdiction in a contract? Do local courts claim jurisdiction over a dispute in some circumstances, despite the choice of jurisdiction?

Local courts respect the choice of jurisdiction in a contract. However, the foreign judgment cannot be enforced if it violates national sovereignty, or public order and morality.

27. If a foreign party obtains permission from its local courts to serve proceedings on a party in your jurisdiction, what is the procedure to effect service in your jurisdiction? Is your jurisdiction party to any international agreements affecting this process?

Under the Constitution, the STJ is the competent authority to execute rogatory letters.

Brazil is a member of the Inter-American Convention and Additional Protocol on Letters Rogatory (IAC). Under the IAC, a letter rogatory can be transmitted through diplomatic channels without the need of legalisation (section 6, IAC). A request is prepared in the IAC format and transmitted through the Process Forwarding International (PFI). The next step is the remittance of the letter rogatory from the PFI to the Brazilian Ministry of Justice, which forwards it to the STJ. Finally, the STJ proceeds with the service.

Another option for the party is to directly present the documents before the STJ. Legalisation is required (rogatory letter and the appended documents must be sent to the Brazilian Consulate in the foreign territory). Following the legalisation, the rogatory letter and document must be sent for sworn translation. The next step is the filing of the rogatory letter before the STJ, which proceeds with the service.

28. What is the procedure to take evidence from a witness in your jurisdiction for use in proceedings in another jurisdiction? Is your jurisdiction party to an international convention on this issue?

Taking evidence from a witness in Brazil for use in proceedings in another jurisdiction requires a letter rogatory (see Question 27).



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Despite the fact that Brazil is a party to the Hague Conference on Private International Law, there is no applicable ruling concerning the procedure.

Brazil is also party to the Convention on Private International Law (Código Bustamante). According to this Convention, the evidence produced in one state should have the same value in the court of another state, provided that both:

� The procedure is allowed in the state in which they are produced and effective in the state in which it will be examined, considering the authenticity requirements.

� The parties have capacity under the law applicable in their state of residence.

29. What are the procedures to enforce a foreign judgment in the local courts?

To enforce a foreign judgment in the local courts, it is first necessary to ratify the foreign judgment at the STJ. The STJ does not re-examine the case, but only evaluates whether the necessary requirements are present (such as the right format, authenticity, non-violation of the public order and morality, and res judicata) (section 15, LICC). Arbitration awards are subject to the same requirements.

ALTERNATIVE DISPUTE RESOLUTION

30. What are the main alternative dispute resolution (ADR) methods used in your jurisdiction to settle large commercial disputes? Is ADR used more in certain industries?

The most common ADR methods are arbitration and mediation. The parties can also use court conciliation to deal with property rights, either before the filing of a claim or during the proceedings. A conciliatory hearing is conducted by a neutral third party. Usually, when dealing with very complex issues, the parties prefer arbitration, where a specialist evaluates the case.

31. Does ADR form part of court procedures or does it only apply if the parties agree? Can courts compel the use of ADR?

Conciliation can form part of court procedures (see Question 30). The judge may compel the use of conciliation. Arbitration can only be used if the parties have previously reached an arbitration agreement.

32. How is evidence given in ADR? Can documents produced or admissions made during (or for the purposes of) the ADR later be protected from disclosure by privilege? Is ADR confidential?

ADR is not automatically confidential. Arbitration and mediation proceedings are normally confidential. However, neither the Brazilian Arbitration Law (Law n. 9,307/96), nor Resolution 125 of the National Council of Justice (CNJ) expressly provides that the ADR proceedings must be confidential.

33. How are costs dealt with in ADR?

This depends on the type of ADR proceedings and the organisation chosen by the parties.

34. What are the main bodies that offer ADR services in your jurisdiction?

The main bodies that offer ADR services in Brazil are the:

� Arbitration Chamber Camarb (www.camarb.com.br/).

� PROJURIS (www.projuris.org.br/).

� CCBC (Brasil-Canadá Chamber) (www.ccbc.org.br).

� Fundação Getúlio Vargas ([email protected]).

� SP Arbitral - Câmara de Arbitragem Empresarial de São Paulo ([email protected]).

� Câmara de Conciliação, Mediação e Arbitragem de São Paulo - CIESP/FIESP ([email protected]).

� Centro de Arbitragem da AMCHAM ([email protected]).

� Centro Judiciário de Resolução de Conflitos do Tribunal de Justiça de São Paulo.

There are also two specialised ADR organisations dealing with resolution of conflicts involving domain names ending in “br” (called SACI-Adm):

� Câmara de Comércio Brasil-Canadá at the CCBC.

� World Intellectual Property Organization (WIPO) (www.wipo.int).

PROPOSALS FOR REFORM

35. Are there any proposals for dispute resolution reform? Are they likely to come into force?

There is an important and extensive proposal for reform under the new Brazilian Civil Procedural Code (Bill of Law n. 8,046/2010).

The main purpose of the reform is to speed up the litigation proceedings by limiting the opportunities to appeal. The idea is to simplify considerably the procedural steps, thereby improving the effectiveness of the judicial system.

The Bill of Law has been already approved by the Senate and will now be examined by a special commission at the Congress. Due to the importance of the matter and great acceptance by the public, it is likely to come into force. However, the date for final approval has not been set yet.

There is another pending Bill of Law (n. 4,827/98) at the Congress, which regulates mediation as a method of preventing and resolving conflicts. The idea of the reform is to increase the use of mediation as an ADR method. The Bill is currently being examined by the Constitutional and Justice Commission of the Congress and there is no news in relation to its approval.




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Qualified. Brazil, 1998

Areas of practice. Intellectual property.

Recent transactions � Advising multinational chemical and pharmaceutical

clients on patent infringement, validity proceedings and term extension claims (under the TRIPs Agreement).

� Representing Hewlett-Packard (HP) in patent infringement cases against Brazilian cartridges retailers.

� Representing several Brazilian DVD player producers in patent infringement cases filed by Philips.



Recent transactions � Representing Endemol in copyright infringement and unfair

competition proceedings relating to the protection of the TV programme Big Brother. The firm also assists FremantleMedia and SevenOne International in similar cases concerning TV programmes Got Talent and Benidorm Bastards, respectively.

� Representing Spectrum Brands in a comparative advertising case against Procter & Gamble (Duracell v Rayovac) and assisting a multinational automotive company to enforce its rights against a competitor, in a similar comparative advertising case.

� Representing multinational consumer goods and food companies (Unilever, BIC and Danone), as well as luxury products companies (Richemont Group) in several trade mark, design and trade dress infringement cases.

JOÃO VIEIRA DA CUNHAGusmão & LabrunieT +55 11 2149 4500F +55 11 3819 0455E [email protected] www.glpi.com.br

FERNANDO EID PHILIPPGusmão & LabrunieT +55 11 2149 4500F +55 11 3819 0455E [email protected] www.glpi.com.br

CONTRIBUTOR DETAILS



Recent transactions � Advising multinational chemical and pharmaceutical

clients on patent infringement, validity proceedings and term extension claims (under the TRIPs Agreement).

� Representing Hewlett-Packard (HP) in patent infringement cases against Brazilian cartridges retailers.

� Representing several Brazilian DVD player producers in patent infringement cases filed by Philips.



Recent transactions � Representing Endemol in copyright infringement and unfair

competition proceedings relating to the protection of the TV programme Big Brother. The firm also assists FremantleMedia and SevenOne International in similar cases concerning TV programmes Got Talent and Benidorm Bastards, respectively.

� Representing Spectrum Brands in a comparative advertising case against Procter & Gamble (Duracell v Rayovac) and assisting a multinational automotive company to enforce its rights against a competitor, in a similar comparative advertising case.

� Representing multinational consumer goods and food companies (Unilever, BIC and Danone), as well as luxury products companies (Richemont Group) in several trade mark, design and trade dress infringement cases.

RAPHAEL LEMOS MAIAGusmão & LabrunieT +55 11 2149 4500F +55 11 3819 0455E [email protected] www.glpi.com.br

MANUELA CORREIA BOTELHO COLOMBOGusmão & LabrunieT +55 11 2149 4500F +55 11 3819 0455E [email protected] www.glpi.com.br



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Brazil - Propriedade Intelectual · the Order of the Federal Council of Attorneys of Brazil). FEES AND FUNDING 5. What legal fee structures can be used? ... . T T