Law No. 13,105 of March 16, 2015, which instituted the new
Brazilian Code of Civil Procedure (Code) and which will supersede
the 1973 Code as of March 16, 2016, will usher in substantial
changes to litigation overall, including IP litigation.
The new Code, in the spirit of the Universal Declaration of
Human Rights adopted in 1948 by the General Assembly of the United
Nations, seeks to promote a fairer society, prioritizing ethics and
the guarantee of freedom. The Code aims to promote the achievement
of justice in the most effective manner possible while assuring
citizens a reasonable duration of process.
The Code contains 1,072 articles and is characterized by
advances concerning procedural speed, the end of appeals filed
merely to extend timelines and the standardization of case law.
Brazil is one of the world’s most litigious countries.
Whereas the U.S. Supreme Court hears an average of 70 appeals per
year, Brazil’s Federal Supreme Court hears 60,000. Among
