Firm News

Civil Procedure Code ready to enter in force
February 12, 2015

After almost 5 years being discussed in Congress, the new Brazilian Civil Procedure Code (“CPC”) was finally approved. The final text was accepted on December 17, 2014 and the Bill is waiting for presidential sanction. The new Code will enter in force one year after such authorization is published in the Official Gazette. It will replace and revoke the old Code, which is in force since January 1, 1974.The idea behind the new Code is to streamline the legal procedure, increasing the effectiveness and diminishing the duration of the proceedings. This will be possible with less appeals and motions available to the parties, the electronic seizure of assets by the courts, the use of precedents for deciding the cases and other measures.From among the several changes in the proceedings, new provisions on preliminary injunctions can benefit IP litigants. Such provisions seem to better assist the parties in case of urgency, when it is necessary to have an immediate, or at least not too delayed, answer from the Court.Changes at third parties intervention may also be significant for patent owners when litigating for their rights. The new Code regulates the amici curiae intervention and establishes that the decision accepting a company or individual as amicus is unappealable.If you have any questions or need additional information, please contact us at