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Expansion of specialized courts in Intellectual Property in the Federal Court of Rio de Janeiro

By: Mauro Ferreira

September 27, 2023

In September 2023, there was a significant evolution in the legal scenario and protection of industrial and intellectual property in Brazil. From the first day of that month, the Federal Court of Rio de Janeiro now has 5 Specialized Courts in Industrial Property and social security matters.

This important change stems from the implementation of Resolution TRF2-RSP-2023/00033, which gives the 12th Federal Court of the Judicial Section of Rio de Janeiro jurisdiction to process and judge cases involving industrial and intellectual property. Previously, only this judicial section’s 9th, 13th, 25th, and 31st Federal Courts held such an attribution.

However, this transition is not just a simple redistribution of cases but a significant milestone in the judiciary system. With this new structure, approximately one-third of the total volume of cases from the 9th and 31st Courts, including the suspended cases and those remitted to the Appellate Circuit of the 2nd Region for the judgment of appeals, were transferred to the new specialized court, which will result in greater agility in the judgment of cases.

About this news, the President of the 2nd Region of the Federal Court emphasized the main objectives of this strategic initiative: (i) to continue the Court’s specialization project, aligning it with the areas of its competence; (ii) seek the equitable distribution of the workload among federal judges, ensuring a balance in the procedural demand; (iii) increase the efficiency of the jurisdictional provision, raising the quality and predictability of decisions; (iv) ensure the fulfillment of the court’s goals and, crucially, preserve the constitutional principle of reasonable duration of proceedings.

This transformation not only simplifies the legal landscape but also strengthens Brazilian jurisprudence on intellectual property issues and puts Brazil in the spotlight in the search for greater specialization of the courts.

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