Litigation: Defending Your Market in Brazilian Courts

Assertive, technically-grounded litigation strategies to enforce your rights and protect your competitive advantage.

In Brazil’s competitive market, intellectual property disputes are not just legal conflicts; they are critical business challenges that can define market leadership, protect revenue streams, and deter infringement. Effective litigation is more than a defensive reaction—it is a strategic tool for asserting dominance and safeguarding your freedom to operate.

Navigating Brazil’s dual court system—with Federal Courts holding jurisdiction over the BRPTO and State Courts handling infringement actions between private parties—requires not only procedural mastery but also a compelling, technically sound legal narrative. Success depends on the ability to translate complex technology into clear, persuasive arguments that resonate with Brazilian judges.

The Simões IP Advantage: Where Technical Fluency Meets Courtroom Advocacy

Our litigation team is our core strength. We are a rare hybrid of deeply experienced trial lawyers and qualified technical experts, including engineers and scientists. This integrated expertise is our—and your—most significant advantage in complex IP disputes.

• We Understand Your Technology: We don’t need to be educated on the basics of your industry. We dive deep into the technical merits of your case, whether it involves the mechanism of action of a biologic drug, the architecture of a 5G network, or the algorithm powering a fintech platform.
• We Build Resonant Arguments: Our ability to master the technical facts allows us to craft powerful, clear, and persuasive legal arguments. We excel at making sophisticated technology understandable and compelling in a courtroom setting.
• Proven High-Stakes Experience: We have a track record of success in landmark cases that have shaped Brazilian IP jurisprudence, including high-profile pharmaceutical patent disputes and precedent-setting trademark litigation. We are known for our strategic thinking and relentless advocacy.

Comprehensive IP Litigation & Dispute Resolution

We represent clients across the full spectrum of intellectual property disputes, providing aggressive and strategic counsel from pre-litigation through trial and appeal.

Patent Litigation

• Infringement and validity litigation in both Federal and State courts.
• Securing preliminary and permanent injunctions to halt infringing activities.
• Litigation involving Standard-Essential Patents (SEPs) and FRAND licensing disputes.
• Administrative nullity actions before the BRPTO and subsequent judicial review.

Trademark, Trade Dress & Unfair Competition

• Trademark infringement and dilution litigation.
• Disputes involving trade dress, brand identity, and look-and-feel.
• Litigation to combat counterfeiting, piracy, and acts of unfair competition.

Copyright & Software Litigation

• Enforcement of copyrights against unauthorized reproduction and distribution.
• Complex litigation involving software copyright infringement and the enforcement of CII patents.

Pre-Litigation and Enforcement Actions

• Strategic counseling and issuance of cease and desist letters.
• Negotiation and settlement of IP disputes.
• Planning and execution of search and seizure actions to preserve evidence of infringement.

When your market position in Brazil is on the line, you need a litigation partner that combines technical depth with proven courtroom strength. Contact our IP litigation team to prepare your strategy.