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ARTICLE · 31 JANUARY 2016

A Significant Change In Obtaining Injunctions For Court Cases Related To Patent Violations

Daniel Law
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It is well known that court actions related to patent violations are extremely complex or require technical knowledge that Brazilian judges are not familiar with.

BrazilIntellectual Property
Fábio Leme
Fábio Leme
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It is well known that court actions related to patent violations are extremely complex or require technical knowledge that Brazilian judges are not familiar with.

For this reason, it is extremely rare to obtain preliminary injunctions in this kind of case to halt the violation. Brazilian judges often prefer not to grant preliminarily injunctions due to the lack of knowledge of n the matter.

The current Civil Procedural Code (valid until March 17, 2015) has a specific caution action focused on the anticipated production of evidence, including the expertise.

However, in order to convince the Brazilian judges to grant these anticipated productions of evidence, the Plaintiff must demonstrate the urgency of the situation or the risk of being unable to provide this evidence in future during the main court case on the violation.

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