In re Westrock Shared Services LLC v. West Pharmaceutical Services INC[1], the Third Division of the Federal Court of Appeals in Civil and Commercial Matters decided on the dismissal in limine of the direct appeal against the resolution issued by the National Directorate of Trademarks of the National Institute of Industrial Property (INPI). In addition, the Court of Appeals ruled on whether it was appropriate to offer and produce evidence at the appellate stage.
With respect to the dismissal in limine, the Court of Appeals pointed out that there were no doubts about the admissibility of the direct appeal, based on Section 17 of Law No. 22362 and Annex I of INPI Resolution No. 183/18, Section 10. Furthermore, it stated that a decision rejecting the access to justice through direct appeal would violate the constitutional rights established in Sections 14 and 18 of the National Constitution, which are directly linked to the right to petition.
In our opinion, the main issue did not revolve around the admissibility of the direct appeal. The legislation is clear in authorizing the review of administrative decisions before the courts. Yet, the Court of Appeals further examined the limits of the direct appeal. For such purpose, it analyzed whether the offer and production of evidence should be admitted at the judicial stage.
In so deciding, the Appellate Court examined the provisions of the new Section 17 of Law No. 22362, which states that opposition conflicts that were previously handled by the Federal Courts in accordance with the rules of the ordinary process, are now decided by INPI’s National Directorate of Trademarks. In this way, INPI took on the role of an administrative court, whose resolutions are reviewed through a direct appeal before the Federal Court of Appeals. The latter acts as a reviewing body.
The Federal Court cited the regulatory decree of Law No. 22362 and INPI Resolution No. 183/18, which states that “the filing of the direct appeal must comply with the formalities provided for by the Civil and Commercial Code of Procedure”. Therefore, the parties must comply with the deadlines to offer evidence and...
