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Tatiana Alves
Partner
RNA Law
Tatiana Machado Alves is a partner with RNA Law. Tatiana has extensive experience with complex litigation in the area of intellectual property law, focused on patent disputes. She has been lead counsel in dozens of trials for life sciences and telecommunications clients, providing remarkable results for her clients in complex disputes. She was the first woman to serve as first chair in infringement and validity SEP litigation in Brazil.
For three years in a row, Tatiana has been named by WIPR Diversity as an Influential Women in IP (2024, 2023) and as a Trailblazer (2022). She has also been recognized by The Legal 500 for her expertise in Intellectual Property, and by Leaders League in their Patent Litigation ranking. IP Stars lists Tatiana as a Notable Practitioner, and Benchmark Litigation as a Litigation Star.
A DEI-champion, Tatiana co-founded the first Brazilian association dedicated to promoting diversity and inclusion in the innovation ecosystem – Women in IP (WIP). She frequently writes articles and participates in seminars and webinars on DEI topics.
Recent Articles by Tatiana Alves
Brazil’s Superior Court of Justice Rules Infringement Courts Can Hear Invalidity Arguments
Over the past decade, Brazil has seen an increase in patent litigation, as the local economy grows and stabilizes. With more companies eyeing Brazil as a strategic country for the protection of IP, the patent system becomes more scrutinized and more complex patent cases are filed. On June 12, 2024, the Superior Court of Justice (Superior Tribunal de Justiça, or STJ), Brazil’s highest court with jurisdiction over non-constitutional matters, issued a ruling allowing invalidity defenses on an industrial design infringement lawsuit. Although the case involves industrial design, the court’s opinion contains non-precedential statements that are applicable to patent cases.
Boom in Brazil’s Medical Device Market Creates Patent Infringement Issue
Did you know that Brazil’s medical device market is experiencing a surge, attracting billions in imports annually? This boom, however, is attracting not only legitimate businesses but also those looking to exploit loopholes. On average, more than US$6.7 billion worth of products are imported annually, with around 14,000 new products being introduced every year. One example is the increase in sales of equipment for endoscopic surgeries, given the rise in the number of bariatric surgeries, which already exceeds 70,000 procedures per year.
Brazilian Lawmaker Introduces Bill to Allow AI as Inventor
On February 20, 2024, a Brazilian congress member, Antônio Luiz Rodrigues Mano Júnior (known as Júnior Mano), introduced a bill to amend the national IP Statute (Law #9,279/96) and regulate the ownership of inventions generated by artificial intelligence systems. Bill #303/2024 proposes the addition of a paragraph to Article 6 of the IP Statute, which regulates ownership of inventions, with the following wording: “in the case of inventions autonomously generated by artificial intelligence system, the patent can be requested in the name of the artificial intelligence system that has created the invention, being the artificial intelligence system considered the inventor and owner of rights arising from the invention.”
Brazil Becoming a Relevant Forum for Telecom Patent Litigation
Unlike other jurisdictions, injunctions in Brazil are no equitable remedy. There is no discretionary power of the court to decide whether to grant a permanent injunction upon the finding of infringement at the end of the proceedings. Injunctive relief is the primary remedy, and it can only be substituted by financial damages at the election of the plaintiff. Preliminary injunctions, on the other hand, are subjected to the discretion of the courts—and must pass a test of balance of hardships.