In the common law system, there is an old adage: bad facts can lead to bad decisions. Often, the misrepresented look at a particular life event deduced in a lawsuit can lead the judge to make decisions different from the will imposed by the law, or even, in some cases, far from the technicality required, to generate, in both situations, the feeling of an almost injustice or, at least, of the lack of it. Not for any other reason and because since erstwhile, the Romans left us the principles of mihi factum, dabo tibi ius (\"give me the fact and I will give you the right\") and iura novit curia (\"the judge knows the law\"), the Judiciary, in the figure of the State-Judge has the duty to give the facts the legal consequence provided in our system.<\/p>\n
Well. Since a long time ago and always allied to the restlessness that arises from the harmful delay in the progress of judicial proceedings in the country, one of the complaints of modern society \u2013 and increasingly \u2013 has been the need for concretion of legal decisions regarding being technical-qualitative. Weak decisions that, as a rule, ruin when in the courts, as the result of the lack of academic and hermeneutic of the judge in the field of sub judice matter, end up generating legal uncertainty, repudiated by society. The defiance is natural: the technical quality and the improvement of decisions can be healed by the specialized judge (judex est peritus peritorum \"the judge is the expert of the experts\"), to the detriment of the judge \"Hercules\" or the judge as \"occasional legislator\" ? The doctrine has already warned that if a particular judicial body receives more processes than it can judge, it begins with the countless ills that tarnish and discredit justice, afflicting society as a whole, either by indefinite prolongation or by massification, all to the detriment of thorough, detailed and case-by-case examination, which judges must proceed in reason of their duties. Therefore, some people will say that the specialization of the judges in the judgment of certain matters is a direct cause for reliability and higher security in decisions, given the expansion of intimacy and proximity to a particular specific law and its application to facts as usually occurs.<\/p>\n
In particular and with what this small work cares, the experience of the specialized judiciary to prosecute and judge cases related to intellectual property law (inventions, trademarks, industrial designs, geographical indications, unfair competition, copyright, traditional knowledge, etc.), has shown to be beneficial, not only for the owners of rights of this nature, but to society as a whole. As known, effective protection of intellectual property rights acts as a stimulant of innovation and reflects on benefits of competitiveness for the country. It is enough to see that the constitutional matrix consecrates the social interest and technological and economic development of the nation when it designed among many other fundamental guarantees, the right of exclusivity in the use of works, temporary privilege in the exploitation of industrial inventions, and the protection of property of trademarks, names of companies and other distinctive signs. Naturally and beside that, there is an effective judicial protection of intellectual property rights, the nature of which, moreover, requests a peculiar treatment in relation to celerity and effectiveness.<\/p>\n
Very well. As the history tells us, since the time of the Empire, specialized judgments and judgments were foretold: take the example of the judge of the achievements of the Crown and Treasury, the only ones responsible for prosecuting and judging the demands in which the State was a plaintiff or defendant; also the Courts of Relation, with division of criminal and civil matters, etc. Approaching to the current days, the highest court of federal law in the country, the Superior Court of Justice, was the one who first saw the need to assign a more careful analysis to lawsuits and cases involving intellectual property rights, when in 1992, it enacted a regimental amendment, including in the jurisdiction of its Second Section, composed by the Third and Fourth Classes, the processing and judgment of the cases related to \"industrial property, even when they involve nullity of registration\" (RISTJ, art. 9, \u00a7 2, VI). This court was followed by many others in the same tune: the Federal Regional Courts of the 1st, 2nd, 3rd and 4th Regions, with classes specialized in intellectual or industrial property; the Judiciary of Rio de Janeiro, with courts specialized in business law in the capital, encompassing the trial of intellectual property cases; in the Judiciary of S\u00e3o Paulo, with specialized classes in intellectual property cases in the capital and two Specialized Chambers of Business Law in the Court; and, finally, as this paper interests, the Judiciary of Rio Grande do Sul, which, through Resolution 02\/2012 of its Special Body (DJe of 02\/24\/2012), promoted a change in its internal norm to include within the framework of the Third Civil Group, composed by the Fifth and Sixth Civil Chambers, the absolute competence to process and judge the cases related to the \"Industrial Property Right and Intellectual Property Law.\"<\/p>\n
To what was possible to observe in this decade of specialization and specifically in the experienced before the Court of Justice of the State of Rio Grande do Sul, there was a significant increase in the stability, integrity and coherence of the decisions uttered by the Chambers Specialized in Intellectual\/Industrial Property, with natural and consequent legal certainty, which was one of the aims of the procedural legislator of 2006, pursuant to article 926 of Brazilian Procedural Civil Code, which was only possible because of the familiarity and proximity between the judges and the subject, by allowing the analysis and utterance of decisions compromised with higher quality and speediness. The advantages of specialization in the Court of Justice of the State of Rio Grande do Sul are clearly visible in these more than 10 (ten) years, like the qualitative criterion and the huge reduction of the duration of a case until the trial by that court , there is a relevant differential for law operators related to the indexer of jurisprudence: when before it was necessary to research cases with the use of the most varied sources of consultation, specialization has made that precedents and previous judgments in this Court of Cases involving \"Intellectual\/Industrial Property Right\" are easily found, since 2012.<\/p>\n
Forcibly, for those who defends the figure of the expert judge, to recognize as advantages the qualification of decisions, the reduction of the duration of the case, the existence of a standardized judicial service, a judge active in the knowledge of the law (subject) and, as already said, greater legal certainty that, unlike the general judge, focuses his knowledge in a more diluted way, by accommodating scientific knowledge and distancing itself from social reality. It seems natural to conclude that, at the current levels of the 4.0 model of society, marked, to a large extent, by the very high technological development and a complex multifaceted and asymmetric chain of digital relationships that reverberate and fall into people's lives and daily lives, the need for the action of a more modern judiciary, closely linked to the wonderful new world, moving away from the model formerly designed for a general judge. In terms of intellectual property, complex and highly specialized matter, the need for Courts and judges with specialized knowledge bleeds more and more, allowing to transmit clear and express norms (decisions) on cases, eliminating the uncertainty, dubiety and lack of clarity that usually end up being part of judicial proceedings of this nature. In addition to the natural decrease in duration, the specialized judge contributes, as well as contributed to the example of the Court of Justice of the State of Rio Grande do Sul, as in many others, to the efficiency and effectiveness of the judicial provision, including the qualitative criterion of its content, with a better delivery and an even better path of justice for the whole society.<\/p>\n
<\/p>\n
By Fabiano de Bem da Rocha,<\/strong> Attorney-at-Law. Partner at Le\u00e3o Intellectual Property.<\/p>\n 1 DWORKIN, Ronald. Levando os direitos a s\u00e9rio. S\u00e3o Paulo: Martins Fontes, 2002.<\/p>\n 2 POSNER, Richard A. How judges think. Cambridge: Harvard University Press, 2008.<\/p>","protected":false},"excerpt":{"rendered":" No sistema de common law existe um velho ad\u00e1gio: fatos ruins podem levar a decis\u00f5es ruins. Muitas vezes, o olhar deturpado sobre um determinado acontecimento da vida deduzido num processo judicial, pode conduzir o juiz a proferir decis\u00f5es diferentes da vontade imposta pela lei, ou ainda, em alguns casos, distantes da tecnicidade exigida, a gerar, […]<\/p>\n","protected":false},"author":17,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-4487","post","type-post","status-publish","format-standard","hentry","category-leao-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/4487","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/users\/17"}],"replies":[{"embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/comments?post=4487"}],"version-history":[{"count":2,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/4487\/revisions"}],"predecessor-version":[{"id":4490,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/posts\/4487\/revisions\/4490"}],"wp:attachment":[{"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/media?parent=4487"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/categories?post=4487"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/leao.adv.br\/en\/wp-json\/wp\/v2\/tags?post=4487"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}