Brazil: Arbitration & Dispute Resolution

The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. This examination explores how litigation costs ranging from $12-20 million, combined with delay tactics and limited injunctive relief, have transformed infringement into an economically rational strategy even when patents are strong.

Recent rulings at CARF indicate that the discussion about excluding ICMS from the PIS and COFINS tax base is advancing toward the form of utilizing credits arising from the so-called "Thesis of the Century."

International Arbitration Comparative Guide for the jurisdiction of Brazil, check out our comparative guides section to compare across multiple countries