FAQ

The CDD-ABPI is the Digital Law Dispute Resolution Chamber of the Brazilian Association Intellectual Property.

ABPI is a non-profit organization, founded in 1963 and currently focused on the study and dissemination of Intellectual Property in all its aspects, notably Industrial Property, Copyright, Competition and Technology Transfer Law, as well as Innovation and Technology Law, Personality Rights, Digital Law and Electronic Commerce, Data Privacy Law, Licensing and Franchising Contracts and other related or related branches of Law.

ABPI has a select team of Mediators, Experts, Arbitrators and Specialists in the areas mentioned above, who have extensive technical and practical knowledge of the subject to help resolve disputes.

The CDD-ABPI was designed with an emphasis on disputes related to Digital Law, Innovation and Technology, including protection of privacy, personality rights and personal data; distribution, display, availability and/or use of online content; information security; contracts involving cloud computing, software, hardware and related services; smart contracts and distributed ledger technologies (“blockchain”); cryptocurrencies and cryptoassets; and e-commerce.

However, the CDD-ABPI is also prepared to handle cases involving intellectual property and even other types of disputes for which its procedures may be useful.

CDD-ABPI offers four different procedural alternatives, all of which strive for agility and flexibility: Digital Mediation, Expert Determination, Digital Expedited Arbitration and the Online Dispute Resolution System (ODR).

Any natural or legal person who is interested in having their dispute resolved and who has signed an agreement to submit the dispute to the Digital Law Dispute Resolution Chamber of the Brazilian Association Intellectual Property, CDD-ABPI, in any of its four possible procedures.

The procedures are supported by the Regulations of the Digital Law Dispute Resolution Chamber of the Brazilian Association Intellectual Property.

Through the Digital Mediation Procedure, impartial third party(ies) – the Mediator(s) – with no decision-making power, chosen or accepted by the Parties, assist and encourage them to identify or develop consensual solutions to the dispute, remotely, under the terms of Federal Law No. 13.140/2015.

The procedure takes place through joint or individual meetings with the mediator(s), preferably online, according to a schedule agreed with the parties themselves.

The participation of the parties in the meetings is essential, and they may be accompanied by lawyers.

The mediator(s) do not have decision-making powers, but merely seek to help the parties resolve the dispute. At the end, if the procedure is successful, an agreement is drawn up between the parties.

The procedure is confidential and all documents that may have been submitted to the Digital Mediation are deleted at the end, except for those that are required to be stored by CDD-ABPI.

By means of the Expert Determination procedure, the Parties, by mutual agreement, agree to submit a technical issue to the analysis, verification or remote assessment of Expert(s), chosen or accepted by the Parties themselves, who will produce an opinion answering the questions put to them, with binding force and immediate compliance.

The Expert(s) are specialists in the specific area of knowledge that is the subject of the analysis, verification or evaluation required. The procedure takes place preferably online, and may include the submission of documents or the carrying out of investigations or inspections.

At the end, the Expert(s) will draw up an opinion answering the Parties’ questions based on the documents attached, the information provided by the Parties and the steps taken in the procedure, their expertise in the technical matter in question or any other information they consider technically relevant. The opinion containing the Determination of the Expert(s) is not to be confused with a decision on any dispute between the Parties, and does not prevent it from being submitted to subsequent mediation (in traditional or digital format), arbitration (in traditional format or in the digital expedited Arbitration version), administrative or judicial proceedings.

Through the Digital Expedited Arbitration Procedure, the Parties, by mutual agreement, agree to submit the resolution of a future or current dispute to the Arbitrator(s), in a remote procedure, being bound by the arbitral decision, in the form of Federal Law No. 9.307/96. This is a simplified and more agile version of arbitration, preferably conducted online.

The procedure may include taking evidence and holding hearings; however, it is not compatible with expert evidence. In the end, the Arbitrator(s) will decide the dispute on the basis of the facts and evidence presented by means of an arbitral award, which is an enforceable title.

The procedure is confidential.

CDD-ABPI may make available – including through an agreement with other entity(ies) – an Online Dispute Resolution System (ODR), through regulations developed in a manner customized to specific needs.

The procedures through the specific Online Dispute Resolution System (ODR) will take place remotely and will be conducted by Specialist(s) appointed by CDD-ABPI.

CDD-ABPI can be appointed to resolve a dispute by agreement between the parties, either through a clause in a contract or through a written commitment drawn up after the dispute has arisen. The CDD-ABPI has a model clause and commitment, should the parties wish.

The Party or Parties wishing to initiate any of the proceedings (“Claimant”) must formulate a Request in the appropriate section of the CDD-ABPI website  or send it by electronic message (secretariaexecutiva@csd-abpi.org,.br) to the CDD-ABPI Secretariat, including at least the following information, which will constitute their Initial Claims:

1. indication of the full names, qualifications and physical and electronic addresses of the Parties;
2. indication of the full name, qualification and physical and electronic address of the attorney(s) – including lawyer(s) and technical assistant(s) – of the Applicant(s), and presentation of the corresponding instrument of mandate;
3. indication of the procedure chosen and the convention or agreement that establishes the competence of the CDD-ABPI, including a reproduction of said document;
4. any specifications applicable to the procedure, including headquarters, language or law, if any;
5. presenting the factual and legal grounds for their claim;
6. indication of the value of the dispute, even if estimated;
7. submission of all other relevant documents;
8. requesting the production of any evidence it deems appropriate and compatible with the nature of the procedure chosen;
9. indication, even if by negative declaration, of the existence of any other judicial or extrajudicial proceedings that have been initiated or terminated in relation to the subject matter of the dispute;
10. indication of the preferred names to act as Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), according to the procedure chosen, preferably from the list of professionals made available by CDD- ABPI: nomination of 3 (three) names for procedures with provision for 1 (one) Mediator, Expert, Arbitrator or Specialist; and nomination of 5 (five) names for mediation procedures or with provision for 3 (three) Expert(s), Arbitrator(s) or Specialist(s);
11. presentation of proof of payment of the Application Fee corresponding to the chosen procedure; and
12. a statement exempting CDD-ABPI, the Mediator(s), the Expert(s), the Arbitrator(s) or the Specialist(s) from participation and liability in any legal dispute that may be initiated by the Claimant or the Respondent in relation to the procedure, under the terms of article 57 of these Rules.

In this case, you must submit a Reply within 15 (fifteen) days via the CDD- ABPI website (link), if applicable, or by e-mail (secretariaexecutiva@csd-abpi.org.br) to the CDD-ABPI Secretariat, containing the following information:

1. indication of the full names, qualifications and physical and electronic addresses of the Parties;
2. indication of the full name, qualification and physical and electronic address of the attorney(s) of the Defendant(s) – including lawyer(s) and technical assistant(s) – and presentation of the instrument of mandate, if any;
3. indication of agreement or objection to the agreement and the choice of procedure;
4. indication of agreement with or objection to any specifications made by the Applicant, including the seat, language and law of the procedure, if any;
5. presentation of the defense’s legal and factual grounds;
6. submission of all other relevant documents;
7. requesting the production of any evidence it deems appropriate and compatible with the nature of the procedure chosen;
8. indication, even if by negative declaration, of the existence of any other judicial or extrajudicial proceedings that have been initiated or terminated in relation to the subject matter of the dispute;
9. indication of the preferred names to act as Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), according to the procedure chosen, preferably from the list of professionals made available by CDD- ABPI: nomination of 3 (three) names for procedures with provision for 1 (one) Mediator, Expert, Arbitrator or Specialist; and nomination of 5 (five) names for mediation procedures or with provision for 3 (three) Expert(s), Arbitrator(s) or Specialist(s);
10. Any Counterclaim, if the chosen procedure so requires, by means of the same requirements as the Application, including the presentation of proof of payment of the relevant Fee;
11. a statement exempting CDD-ABPI, the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) from participation and liability in any legal dispute that may be initiated by the Claimant or the Respondent in relation to the procedure, under the terms of article 57 of these Regulations.

The Regulations governing the four procedures of the Digital Law Dispute Resolution Chamber of the Brazilian Association Intellectual Property can be found at link.

The procedures have been designed to take place exclusively online. However, there is no impediment to any of its stages taking place in person, should the Parties and the Mediator(s) / Expert(s) / Arbitrator(s) / Specialist(s) so wish, by mutual agreement.

Except in extraordinary circumstances, these are the maximum time limits for each procedure:

• Digital Mediation: up to 30 (thirty) days from the appointment of the Mediator(s);
• Determination by Expert(s): up to 90 (ninety) days from the appointment of the Expert(s), which may exceptionally be extended, at the discretion of the Expert(s), for a further 90 (ninety) days;
• Digital Expedited Arbitration: up to 90 (ninety) days after the appointment of the Arbitrator(s);
• Online Dispute Resolution System (ODR): up to 90 (ninety) days from the appointment of the Specialist.

The Parties will be notified of procedural acts by means of a notification, which will be made exclusively by electronic means, sent to the means of contact indicated in the Request or Response. Notification shall be deemed to have been received on the first working day after it has been sent or made available on the CDD-ABPI website, as the case may be, and the respective time limit shall begin to run. Only communications originating from CDD-ABPI’s official e-mail address or, if sent by the Parties, from the e-mail address indicated in the Application or Reply, will be considered valid.

Time limits begin to run on the first business day after notice by the Party or the occurrence of the event that triggers the term count, excluding the the start day and including the expiry date. Unless otherwise provided for in the Law or the Regulations, all time limits may be modified by mutual agreement of the Parties.

As a rule, each procedure will be conducted by one (1) Mediator, Expert, Arbitrator or Specialist respectively. However, the Parties, by mutual agreement, may establish that the chosen procedure be conducted, respectively, in mediation, by 2 (two) Mediators, or by 3 (three) Experts, Arbitrators or Specialists.

The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) must be part of a list of professionals previously qualified by CDD-ABPI or have their name(s) approved by CDD-ABPI, based on the suggestion of the Parties. After the Parties have submitted their lists of preferred names, respectively in the Application and in the Reply, the appointment of the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) will be made by the CDD-ABPI, seeking, whenever possible, to give preference to the name(s) with the most votes.

The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall be impartial and independent in relation to the Parties and the dispute. Either Party may seek to have the Mediator(s), Expert(s), Arbitrator(s) or Expert(s) appointed by CDD-ABPI challenged on reasonable grounds.

The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall conduct the procedure in the manner they deem appropriate, with a view to speed, flexibility and objectivity, always, however, ensuring that the Parties are treated fairly and equally, and that each Party has an adequate opportunity to speak and exercise their right of defense during the procedure.

The procedures before the CDD-ABPI do not include appeals. Exceptionally, a single request may be made to correct material errors, mistakes or omissions.