Parte 1: Apresentação | SIMULAÇÃO MEDIAÇÃO EMPRESARIAL CAMARB ICFML E PUCMINAS

Summary

The transcript details a mediation process regarding a complex intellectual property dispute between two companies: Gema, an Argentine chemical leader, and Micro, a Canadian company. Gema claims that Micro infringed on its patent for a chemical substance, and the dispute escalated into a legal battle. The case was brought to mediation after a court ruling in Canada. The mediation involves representatives from both companies and aims to resolve the issue without further litigation. The simulation showcases the process of mediation in international business conflict resolution, using the Portuguese language and involving experts from Brazil.

Takeaways

• 😀 Ana Maria Maia is the president and founder of IML (Institute of Certification and Training for Mediators) and a professor at the Catholic University of Porto. Her organization focuses on setting international standards for mediation in Portuguese-speaking countries.
• 😀 IML offers a certification program for mediators and lawyers in mediation, conducted in Portuguese, enabling professionals to be listed in an international list of certified practitioners.
• 😀 IML also supports professional development through partnerships with universities, trade associations, and sector-specific groups, promoting continuous professional development for mediators and lawyers.
• 😀 Leandro Rennó, the vice president of academic affairs at IML, is a professor of arbitration, mediation, and business law at PUC Minas (Pontifical Catholic University of Minas Gerais). He also holds a leadership role in a business mediation and arbitration chamber in Brazil.
• 😀 The video presents a simulation of an international business mediation concerning a patent dispute between an Argentine company (Gema) and a Canadian company (Micro).
• 😀 Gema, a leading distributor of chemical products, claims Micro violated its patent related to a new chemical substance, ‘Bi4 A1,’ which Gema had patented in multiple countries, including Canada.
• 😀 The dispute centers around a new product from Micro called ‘Partículas EN,’ which Gema believes infringes upon their patented technology, and they allege that a former employee of Gema shared confidential information with Micro.
• 😀 Micro argues that the patent for their product is valid and that no violation occurred. They also claim that the legal actions from Gema have damaged their business and are seeking to appeal a Canadian court's decision.
• 😀 After a lengthy legal process, the Canadian court ruled in favor of Gema regarding patent violations, granting them a compensation of 9 million Canadian dollars, while the claim of trade secret theft was dismissed.
• 😀 The mediation was set up to resolve the dispute before any further legal actions were taken, involving certified mediators from Camargue and conducted in Portuguese. The parties agreed to resolve the issue through mediation rather than litigation.

Q & A

What is the primary objective of the IML Institute?

The IML Institute's primary objective is to lead in the field of conflict mediation within Portuguese-speaking countries by defining and implementing international quality standards for mediators and lawyers involved in mediation.

How does the IML Institute support professionals in the field of mediation?

The IML Institute supports professionals by providing certification programs for mediators and lawyers in mediation, offering continuous professional development, and collaborating with universities, commercial associations, and sectorial unions.

What is the significance of the certification program offered by the IML Institute?

The certification program offered by the IML Institute is significant because it is conducted in Portuguese and allows certified mediators and lawyers to be included in an international list of professionals, enabling their global recognition.

What role does Leandro Rennó hold at the IML Institute?

Leandro Rennó serves as the Vice President of Academic Affairs at the IML Institute. He is also a professor of arbitration, mediation, and business law at PUC Minas and the Vice President of Mediation at the Camargo Chamber of Mediation and Business Arbitration in Brazil.

What is the focus of PUC Minas, where Leandro Rennó is a professor?

PUC Minas is a private educational institution in Brazil recognized for its excellence in teaching and its focus on humanistic training for students, combining education, practice, and extension programs.

What is the Camargo Chamber of Mediation and Arbitration, where Leandro Rennó holds a position?

The Camargo Chamber of Mediation and Arbitration is an institution focused on resolving business-related conflicts, particularly in the field of arbitration and mediation in Brazil.

What conflict is the video simulation about?

The video simulation portrays an international mediation concerning an intellectual property dispute between the Argentine company Gema and the Canadian company Micro, focusing on allegations of patent violation and trade secret misappropriation.

What led to the dispute between Gema and Micro?

The dispute arose when Gema discovered that Micro's new product, 'Partículas N,' allegedly infringed on Gema's patented technology. This situation was aggravated by the involvement of a former Gema employee, Lucas Brandino, who had joined Micro and was suspected of providing confidential information to Micro.

What was the outcome of the initial court decision in Canada regarding the dispute?

The initial court decision in Canada ruled in favor of Gema, confirming the violation of Gema's patents by Micro. However, the court did not find sufficient evidence for trade secret misappropriation and awarded Gema CAD 9 million in damages. The case also involved a temporary injunction preventing Micro from selling its product in Canada.

Why did the parties decide to pursue mediation instead of further legal action?

The parties opted for mediation to avoid multiple lawsuits in various countries and because of the complex, specialized nature of the issue. Both sides were advised by their lawyers to pursue mediation before taking further legal measures.

Why was the mediation conducted in Portuguese and held in Belo Horizonte?

The mediation was conducted in Portuguese because both CEOs of the companies involved, Gema and Micro, were Brazilian. The mediation was held in Belo Horizonte as per the regulations of the Camargo Chamber of Mediation and Arbitration.