Brazil's legal system empowers judges to take a proactive and practical approach in litigation, particularly evident in the realm of intellectual property. Preliminary injunctions (PIs) are especially significant, creating Brazil as a sought-after venue for standard essential patent (SEP) litigation. The culture encourages judges to rely on personal insight and experience alongside legal arguments, reflecting a distinctive judicial attitude. This method contrasts sharply with approaches taken in many other countries, where legalism often overshadows personal discretion.
In Brazil, judges are empowered and often expected to take a hands-on, practical approach, relying on their perception, experience, and judgment in legal matters.
Over the years, injunctions have always played a central role in Brazilian IP enforcement, especially in the context of standard essential patent litigation.
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