STJ rules patent infringement allows for presumed moral damages

The Fourth Panel of the Superior Tribunal de Justiça (STJ) has ruled that proving patent infringement, or counterfeiting, is sufficient to establish presumed moral damages (in re ipsa). This decision removes the requirement for companies to demonstrate concrete damage to their image, reputation, or prestige to receive compensation.

The court applied the same legal logic used for trademark misuse, noting that both are forms of industrial property protected under the same legislation. The ruling restores a previous condemnation against companies that manufactured and sold unauthorized copies of a grain trailer protected by a utility model patent granted by the National Institute of Industrial Property (INPI).

While the Court of Justice of Goiás (TJGO) had previously overturned the moral damages award on the grounds that actual harm to the company's honor must be proven, the STJ reinstated the penalty. The rapporteur, Judge Luís Carlos Gambogi, emphasized that counterfeiting inherently compromises market credibility and prestige.