Felipe Cupertino – IPWatchdog.com | Patents and intellectual property law

Brazil’s Supreme Court rules that infringement courts can hear invalidity arguments

Over the past decade, Brazil has seen an increase in patent litigation as the local economy grows and stabilizes. As more companies see Brazil as a strategic country for protecting intellectual property, the patent system is coming under greater scrutiny and more complex patent cases are being filed. On June 12, 2024, the Supreme Court (Superior Tribunal de Justiça, or STJ), Brazil’s highest court with jurisdiction over non-constitutional matters, issued a ruling allowing a nullity defense in an industrial design infringement lawsuit. Although the case concerns industrial design, the court’s decision contains non-precedential rulings that apply to patent cases.