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Silver - Individuals: litigation
Montaury Pimenta, Machado & Vieira de Mello has all bases covered for innovators seeking to safeguard, enforce and monetise their intangible assets: “Even against the biggest law firms in Brazil, it stands its ground and secures sweeping triumphs without breaking the bank.” It continually refines its offering and recently went fully paper-free, digitising and streamlining internal processes to make them swifter and more efficient. The twin pillars of its litigation division are Luiz Edgard Montaury Pimenta and Ana Paula Affonso Brito, two gifted advocates who fight zealously in the courtroom while persistently pursuing possibilities for favourable settlement. Pimenta is the current president of the ABPI and consistently hammers out the right results for clients before the federal and state courts. Brito receives rave reviews: “The competence, strategic insight and expertise she demonstrates inspire real confidence,” reports one; while another cites her as “the best IP professional we have ever worked with”. Recent successes include digging windscreen wiper manufacturer Dyna out of a tricky infringement hole. Meanwhile, Gabriela Salerno and Magnus Aspeby call the shots in the prosecution department. Salerno speaks the language of clients, having previously worked in-house at a cosmetics company; pharmaceutical, cosmetic and biotechnology patents all fall within her bailiwick. Former EPO examiner Aspeby is a gatekeeper to Brazil for European companies and to Europe for domestic concerns: “He is easy to deal with, approachable and always gives suitable advice.” Rounding out the team is transactional maven Eduardo Magalhães Machado, shrewd negotiator who provides pin-sharp counsel on licensing agreements.
Ana Paula Affonso Brito is an experienced trial lawyer and litigator who has worked in intellectual property since 2001. A partner at Montaury Pimenta, Machado & Vieira de Mello since 2011, Ms Affonso Brito has extensive experience in handling complex IP litigation matters before the Brazilian federal and state courts for domestic and international clients, and has been leading one of the firm’s litigation teams since 2018. She focuses her practice on IP litigation, with an emphasis on patents, trademarks, copyright, domain names, designs and unfair competition law, assisting clients in different fields of activity and technology, such as pharmaceuticals, telecom, house appliances, crop science, cosmetics, fashion, food, mechanical, oil and gas, machinery and software.
Ms Affonso Brito’s practice includes:
- evaluating potential litigation risks;
- collaborating with corporate departments to review and advise on litigation strategies;
- developing solutions and litigation strategies;
- handling and monitoring a variety of complex litigation matters; and
- representing plaintiffs and defendants in IP litigation across the country.
Ms Affonso Brito holds a master’s in intellectual property and innovation from the Brazilian Patent and Trademark Office Academy (2010), a postgraduate degree in intellectual property from the Rio de Janeiro State University School of Law (2006), a postgraduate degree in e-law (digital law) from the Getúlio Vargas Foundation (2002) and a law degree from the Rio de Janeiro State University School of Law (2000).
Ms Affonso Brito actively participates in several national and international IP associations and is the author of numerous articles in her area of expertise.
- “Brazil: a discussion more current than ever on patent validity terms”, Patent Lawyer Annual 2021, December 2020
- “Damages for IP infringement – a true deterrent?”, Lexology, March 2020
- “Trade Dress Protection in Brazil – A Glimpse at the Beverage Market”, AIPPI News, October 2019
- “Combating excessive delay in the examination of patent and trademark applications with the Brazilian Patent Office”, RT online (in Economic Crisis and Legal Solutions section, issue 7/2015, DTR201515909), November 2015
Montaury Pimenta, Machado & Vieira de Mello is a leading Brazilian IP law firm, formed in 2010 when two of the leading Brazilian IP firms joined forces: Montaury Pimenta, founded in 1939, and Vieira de Mello, founded in 1929. With its main office located at the Brazilian Jockey Club building in the heart of Rio de Janeiro and a satellite office in Sao Paulo, Montaury Pimenta, Machado & Vieira de Mello assists national and international clients across the private and public sectors.
Our team handles both contentious and non-contentious IP matters and is engaged in a variety of industry sectors, including telecom, electrical engineering, electronics, mechanical engineering, physics, life sciences and healthcare, biotechnology, chemicals and pharmaceuticals, software and computer sciences, nanotechnology, fashion, food services, cosmetics, footwear and sports. Our commitment to delivering results, expert knowledge of our chosen industries and our multi-disciplinary approach make our team one of the best choices to protect and enforce IP assets in Brazil. The firm has a team of 35 partners and over 150 employees who offer expert support that is tailored to each individual case. Our clients have regular contact with the specialist in charge of their case, who is always ready to discuss the best course of action and possible constructive solutions.
Besides protecting IP assets and related businesses, the firm is particularly involved in patent matters, including patent preparation and prosecution, freedom-to-operate and infringement opinions, and both domestic and international complex litigation, including patent infringement and patent invalidity lawsuits, as well as related counselling.
Furthermore, our life sciences practice has been steadily growing over the past few years. Apart from patent filings, prosecution and litigation work, our team also provides prior art searches and freedom-to-operate reports. The life sciences department also offers consulting services in the protection of plant varieties encompassing all phases of the process, from the request of protection for plant varieties with the Ministry of Agriculture, to the issuance of the plant variety protection certificate, as well as the maintenance of such protection. The head of the life sciences department, Gabriela Salerno, is the current chair of the Biotechnology Committee of the Brazilian Intellectual Property Association (ABPI).
The firm’s litigation practice, well known for its high rate of success, handles complex patent disputes. Through our network of carefully selected associate firms across Brazil and worldwide, we are in the ideal position to offer high-quality, fast and reliable support. Further, the head of the litigation department, senior partner Luiz Edgard Montaury Pimenta, is the president of the ABPI for the 2018-2021 term.
Our firm’s highly trained technical experts provide first-class representation through all stages of the patent process, from the preliminary administrative level to the courtroom. Roberto Vieira de Mello, one of the firm’s founder partners, leads the patent team, which is made up of a large group of engineers, lawyers and pharmacists.
Our firm’s reputation was built on its expertise, availability and proactiveness in defending clients’ IP rights, as well as its multi-disciplinary approach in the following areas of practice:
- utility models;
- industrial designs;
- freedom-to-operate opinions;
- plant varieties;
- patent litigation;
- IP litigation;
- trademark management;
- geographical indications;
- copyright and software;
- anti-piracy programmes;
- domain name disputes;
- digital law;
- fashion law;
- trade dress;
- unfair competition;
- advertising law; and
- life sciences.
Our patent services include:
- prior art searches;
- patent analysis;
- patent applications;
- patent prosecution;
- freedom-to-operate opinions;
- industrial designs;
- utility models;
- complex patent litigation, including patent invalidity proceedings and infringement lawsuits;
- payment of annuities;
- patent transactions;
- patent licensing; and
- know-how licensing.
Our firm has been committed to providing our professionals with an open and inclusive working environment. We are proud to share that our workforce reflects a range of diverse and multicultural backgrounds. We work as one team regardless of any difference of religion, sexual orientation or gender.