The INPI – WIPO pilot project in Trademark Mediations in Brazil

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The pilot project will involve the first 50 requests for trademarks mediation required from 15 July until the end of December 2013. These cases shall be administered, free of charge, by the Defense Center of Intellectual Property at INPI (CEDPI).

Requests for mediation should involve administrative ongoing controversies at INPI, in the form of opposition, appeal or administrative nullity proceedings brands.

Partnership WIPO – INPI

The collaboration between the INPI and the World Intellectual Property Organization (WIPO) was formalized through the signing of the Memorandum of Understanding on September 12, 2012. The CEDPI and the Arbitration and Mediation Center (WIPO) established a set of procedures for alternative dispute resolution, whose aim is to facilitate the mediation of disputes regarding intellectual property rights, in areas of the INPI.

• For disputes involving both parties domiciled or residing in Brazil, the Request for Mediation and Trademark Statement of Commitment Mediation shall be transmitted to CEDPI in accordance with the Mediation Rules of the INPI and the Normative Instruction for trademarks mediation.

• For disputes involving one party / both parties established or residing outside Brazil, the Request for Trademark Mediation should be forwarded to the WIPO Center and CEDPI. Commitment and Application for INPI – WIPO Mediation must be transmitted to the WIPO Center in accordance with the WIPO Mediation Rules.

INPI has published a Normative Instruction that regulates the internal processing of the mediation requests administered by WIPO. http://www.inpi.gov.br/images/docs/in_ompi.pdf