Minister Luiz Fux, acting president of the Supreme Federal Court (STF), recommended the use of injunctive relief – a measure that prevents the practice of the offense, understood as an act contrary to material law, and provided for in article 497 of the Civil Procedure Code and in article 84 of the Consumer Protection Code – for cases of counterfeiting and other actions of violation of intellectual property, which increase in times of virtualization. Fux participated in the virtual debate organized by ABPI – Brazilian Association of Intellectual Property and the National Faculty of Law (FND) in order to raise donations for a group of 244 FND students, in situations of extreme vulnerability. The amount raised exceeded the established donation target.
The event “Covid-19 and the future of the courts of law” also brought together the ministers of the Supreme Court of Justice (STJ) Luis Felipe Salomão and Benedito Gonçalves, under the mediation of Judge Cezar Augusto Rodrigues Costa. ABPI president Luiz Edgard Montaury Pimenta and several authorities from the legal and academic circles also participated in the webinar. When addressing the increase in electronic commerce and virtualization, such as e-commerce, Fux explained that he is interested in the area of Intellectual Property and recalled that he addressed the topic at the 39th ABPI International Intellectual Property Congress, last year, when he delivered the inaugural lecture of the event. “There is a fertile ground for the illicit of IP at these times and it is necessary to use injunctive relief, a claim for judicial defense that does not expect the damage to occur, but prevents it from occurring,” said the minister.
In his speech, Minister Benedito Gonçalves explained that the STJ Citizenship Court issued several resolutions to adapt the Judiciary to pandemic times. And he cited Resolution No. 4, which prioritized virtual judgment and simplified the guidelines, as well as Resolution No. 9, which resumed procedural deadlines, instituted the videoconference system and face-to-face sessions. “The virtual trial will be the trend going forward,” said the minister. “A mixed model must be provided, with both face-to-face and virtual,” he explained.
Minister Luis Salomão, in turn, noted that the new times offer less judicialization of causes. “A huge field is opening up for the work of the lawyer, a new universe, mainly in arbitration mediation. For him, judges have to improve management. The legal system, explained the minister, is full of lawsuits. He detailed that the STJ receives 10,000 annual resources for each minister, which represents about one thousand monthly processes, 40 daily processes or five resources per hour. “An aftermath that will remain with the pandemic is remote work. The spaces of the courts will have to be rethought, but we have to preserve some face-to-face practices, as the virtual procedure loses a lot in quality, it becomes impoverished ”.
Salomão explained that, at FGV, where he is a professor, a study is being developed in the area of Artificial Intelligence to improve the management of the Judiciary. “We have to resize our spaces, working at a distance, assessing the productivity of those served in this post-pandemic scenario, virtualizing some jobs, but always observing some face-to-face issues that are essential for the trial,” he concluded.
To watch the full lecture on ABPI’s YouTube channel, click here.
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