Newsletter - April 2019


Mediation and Arbitration in Dispute Resolution

The number of judicial proceedings accumulated at the judges’ tables across the country exceeds the 100 million mark. Given this scenario, the Dispute Resolution Center of the Brazilian Intellectual Property Association (CSD-ABPI), created in 2012, is a first-time alternative as an extrajudicial instrument for the resolution of disputes in the scope of Intellectual Property.

 With pre-established procedures, secretariats and private rooms for meetings and hearings, the CSD-ABPI, one of the few in the country specializing in Intellectual Property, works with its own body of accredited mediators and arbitrators. “Our experts are professionals who work in the area of ​​IP, which makes the mediation and arbitration process safe and effective”, said the president of CSD-ABPI, attorney Manuel J. Pereira dos Santos.

 Reliability is key – According to the president of the CSD-ABPI, one of the distinctive features of ABPI’s chambers is reliability, since the Center is hosted by an association with strong recognition in the field. “ABPI has consolidated work in the field of ​​Intellectual Property”, he adds. In fact, with more than half a century of existence, the entity is dedicated to the study of the subject, acts as amicus curiae (friend of the court) in judicial matters and supports the improvement of legislation by means of studies and resolutions.

 Regulated by Federal Law no. 9.307 / 1996, arbitration is an alternative method for dispute resolution in which the parties define a private entity to solve the controversy without necessarily going through the judiciary. Another advantage of using arbitration is that many devices ensure the confidentiality of sessions, recordings, documents and other proceedings that may be necessary.

 On the other hand, mediation can be understood as a dispute resolution technique in which the negotiation is intermediated by an impartial third party who assists the parties in the search for a consensual solution for the dispute, while also ensuring the confidentiality of discussions and documents generated in the procedure.