2013-06-21
2013-06-21_em_favor_do_dialogo
Prior to starting its mediation activities in intellectual property, on the 19th of this month the National Institute of Industrial Property (INPI) organised the seminar Challenges and prospects in conflict resolution in Intellectual Property: A comparative view between Brazil and the European Union. Held in Rio de Janeiro with the sponsorship of the EU-Brazil Sector Dialogues Support Facility, the event provided an exchange of know-how between the Brazilian institute and its European partners specialised in mediation and arbitration.
Portugal is one of the countries that have used these methods for some time. For this reason, representing the European Union were guest speakers Joana Borralho Gouveia and Susana Condesso Diogo, respectively president and mediator of the Arbitration Centre for Industrial Property, Domain Names, Companies and Designations (Arbitrare), the Portuguese authority in this sector.
"These closer links between Europeans and Brazilians are critical to enhance the exchange of know-how and encourage best practices in several areas. We all have something to learn, says Ms Joana Gouveia. The experts explained that in Portugal stakeholders sign up for the arbitration process and mediation is suggested as a first option, so the parties may attempt to seek consensus. If there is no agreement, the expert in charge will make a decision, which is what characterises arbitration.
In Brazil, the first step would be mediation in the area of brands, where stakeholders choose the mediator and negotiate a consensus solution. Then INPI mediation will move into other areas, such as patents. By the end of 2013, arbitration will also be implemented as a separate service, because it is a method in which the decision falls on the specialist, regardless of there being agreement between the parties.
"One of the INPIs missions is to enforce intellectual property rights in Brazil. That is why we are starting this new service", explained the president of the Institute, Mr Jorge Avila, who also attended the seminar. He points out that mediation and arbitration decisions can ensure prompt decisions, thus providing an economy of time and resources for everyone involved. "We want to avoid litigation when the situation is not intentional", he adds.
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