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26 September 2018PatentsRicardo Nunes

Bring on the battles

In the Americas, Brazil is the second largest country in both GDP and population, and the third in geographical size. Although patent litigation in Brazil is far from the levels observed in the US, patent infringement actions are very common.

Such actions are the most effective measure against infringers, since preliminary injunctions are widely available—which makes the Brazilian jurisdiction very attractive as an additional battlefield to worldwide patent disputes.

Brazil has a truly independent judiciary system, and judges are doing their best to enforce the rule of law. Differently from the case in the other BRICS (Brazil, Russia, India, China and South Africa) countries, there is no bias against foreign companies. A great number of infringement actions initiated against local companies are filed by foreign entities, and their chances of prevailing are basically the same as those of any other plaintiff.

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