New Mediation Center
As from July 15th the Brazilian Trademark Office (BPTO) has implemented a mediation center for trademark disputes.
This procedure has the intention of solving disputes without entering the Court of Justice and is ruled differently depending on the domicile or residence of parties.
This, notwithstanding the possibility of entering the last mentioned instance, if mediation is concluded without agreement.
In this sense, for disputes involving both parties established in Brazil, the mediation procedure will be administered by the CEDPI (BPTO’s center for intellectual property protection) in accordance with the Mediation Rules of the BPTO, which is expected to solve the matter within three and six months; while for disputes involving one or both parties established abroad, the mediation procedure will be conducted by WIPO’s Center for Arbitration and Mediation, in accordance with the WIPO Mediation Rules.
Besides the BPTO offer parties, in case of not being a conflict of interests, to voluntarily file a request for a prior technical consultation on the viability of the agreements under negotiation.
At the BPTO, the service will be free of charge for the first 50 cases of the trademarks mediation pilot program.
This represents an advance for those parties who seek a prompt resolution of those disputes in connection with their trademark rights.
At the moment no cases have been registered, and therefore, the practice is unknown. If mediation fails, there is opened the possibility to enter into the judicial instance.