Litigation

Various forms of protection and enforcement of patent rights exist in Brazil. These include civil remedies, search and seizure of infringing products, indemnification for losses and damages, injunction relief for the cessation of the manufacture of counterfeited products, criminal sanctions against infringing activities, among other remedies.

The specific approach to take and the strategy to adopt depend very much on the IP owner’s short and long-term goals, budget limitations, time constraints and the nature of the infringer’s operations. For instance, some forms of legal action may incur financial costs that are out of proportion to the desired results, while the size and nature of the business operations of certain infringers may justify the adoption of both civil and criminal actions.

Brazilian Justice is divided into two courts, namely: Federal Courts and State Courts. The Federal Courts have competence to judge all lawsuits involving government entities (such as the BRPTO) while State Courts have competence to judge all lawsuits involving private companies or individuals.

Our experienced attorneys have both technical and legal backgrounds, making them the best option in Brazil to defend and protect IP rights before the courts.