ABPI Newsletter - Edition 74 - October 2025
On October 23, during the São Paulo Arbitration Week, ABPI’s Mediation Chamber (CMed-ABPI) hosted a discussion on the role of mediation in preserving Intellectual Property (IP) assets in companies facing financial distress. The session featured mediator and CMed-ABPI specialist Nathalia Mazzonetto and Ana Paula Bernardino Paschoini, attorney and researcher at BNDES, with moderation by Marcos Chucralla Blasi, Deputy Director of the Chamber.
Speakers offered complementary perspectives and practical examples, converging on the advantages of mediation as a technique to reconcile multiple stakeholder interests while prioritizing corporate rehabilitation.
Presenting findings from her USP master’s research on publicly traded companies in distress, Ana Paula Bernardino Paschoini highlighted the central role of IP assets in recovery processes. Of the 17 companies studied, at least 10 reported that IP was expressly considered in judicial reorganization. She emphasized that the value of IP is directly linked to sound governance and documentation—continuous mapping, expert reports, and valuation opinions are critical to preserving utility and negotiating power.
Drawing on her experience as a mediator in court-supervised reorganization, Nathalia Mazzonetto underscored the need to include, where appropriate, a strategic neutral with an enterprise-wide view. The challenge lies in appointing the right person: “The third party’s role is to be an anchor—understand, map, and assess everything: channels, assets, contracts”, she stated.
Closing the session, Marcos Chucralla Blasi noted that the event sought to “open a Pandora’s box” and stimulate a structured agenda on the function of mediation in procedures dealing with corporate crises, particularly to preserve the value of intangible assets. He observed that, despite its relevance, the topic remains underexplored in both specialized legislation and practice, reinforcing the case for continued debate and institutional guidance.