Newsletter Edition 27 - July 2021


Arbitration in IP, the big winner of the CSD-ABPI Moot

According to Manoel J. Pereira dos Santos, the president of ABPI’s Dispute Resolution Center (CSD-ABPI), the promotion of the use of arbitration in the field of Intellectual Property and the activities of ABPI’s Arbitration Chamber are among the greatest legacies of the CSD-ABPI Moot – Intellectual Property Arbitration Competition, which ended last July 3rd and 4th in a virtual environment. “The competition provided an opportunity for young people starting their professional careers to undergo intensive training in acting in arbitration procedures”, he added.

How do you evaluate the results of the 1st CSD-ABPI Moot?

Manoel J. Pereira dos Santos: From the organization’s point of view, the event was a success, as holding a competition like this, with all oral rounds in a virtual environment, entails greater technical risk than if it were in person. However, there were two days of oral rounds without interruption or cancellation. From the point of view of the intended goals, we obtained wide dissemination of the event on social media and the engagement of a large number of participants, which led to the extensive promotion of the use of arbitration in the field of Intellectual Property and the activities of the ABPI’s Arbitration Chamber. As these were the main goals of the competition, it fully served its purpose.

How was the involvement of the participants?

MJPS: We noticed that the participants focused on the competition since the announcement of the fictitious case simulating an arbitration procedure administered by the ABPI’s Arbitration Chamber. From the results of the oral rounds, we could see that all 14 participating teams were well prepared for the oral arguments, building the arguments of procedural and merit issues very carefully and training the speakers of each team for objective and clear presentations. As the oral rounds simulated an arbitration procedure, each one had referees, totaling 48 referees. We found that the referees made an effort to give the speakers an experience as close to reality as possible, without neglecting the pedagogical aspect, since, at the end of the rounds, the referees commented on each presentation.

What was the most important legacy of this experience?

MJPS: I think the competition brought two important legacies: first, it fostered the use of arbitration to resolve conflicts involving Intellectual Property rights. Second, it provided an opportunity for young people starting their professional careers to undergo intensive training in arbitration proceedings. This type of training is not always provided in college.

What was the best learning experience for the participating lawyers?

MJPS: It was the practicality of the competition. Participants received a fictitious case and had to develop their arguments as claimants and defendants, addressing all the issues usually raised in a real arbitration procedure. And this work was translated into an exercise of oral argument, instead of presentations of written ones. The oral argument simulating one of arbitration’s real activities allows participants to develop persuasion, quick thinking, and time organization skills. Finally, the fact that the teams had the assessment carried out in real-time, with immediate feedback to the participants, allowed the speakers’ learning process to be complete.

Is the arbitration procedure properly disseminated and used in Brazil?

MJPS: Unfortunately, lawyers are still accustomed to litigation and consider that the best solution to the client’s problem is the legal process. It reveals a misunderstanding of the cost-benefit relationship. An arbitration procedure is much faster than a judicial one, and therefore saves the client’s time and financial resources. On the other hand, arbitration provides a customized solution to business conflicts, which are resolved by professionals specializing in the matters under discussion. Disputes involving Intellectual Property are best resolved by arbitration although some issues are not likely to be settled by the arbitrator, such as the annulment of trademarks, patents, or industrial design registrations.

Will ABPI hold other events like this?

MJPS: ABPI’s Arbitration Chamber will certainly hold other editions of this competition.

Check out the CSD-ABPI Moot winners.