1. Tell us about your training, your CV and career as a lawyer and executive.
I have a degree in Law from Rio de Janeiro Federal University, with a postgraduate degree and specialisation in Civil Procedural Law, from the Getúlio Vargas Foundation [FGV-RJ] and the Pontifical Catholic University [PUC-RJ] respectively.
I have over 20 years’ experience in conducting strategic litigation, especially in the civil, telecommunications, industrial property, corporate, tax and real estate areas, in the most varied sectors of industry, such as: food and beverages, auto and automotive, banks and capital goods, electronics and technologies, telecommunications, entertainment and media, pharmaceuticals, hygiene and cosmetics, marketing and advertising, insurance and services, and infrastructure.
I am a member of various national and international associations and commissions, among them, ABA – the American Bar Association and AIJA – the International Association of Young Lawyers.
2. Dannemann Siemsen originated in 1900, so in 2020 it is 120 years old. Tell us in words about the history of this important law firm, with a Strong presence in Brazil and one of the largest in Latin America.
Our history began over a century ago, at a time when importante transformations were taking place in the construction of the country’s identity. Nine years after the first Republican Constitution, in 1900, Carl Buschmann’s firm was founded, which later merged with Eduardo Dannemann’s. In 1947, Peter Dirk Siemsen and Catharina Bigler became employees at Eduardo Dannemann’s firm. Six years later, the company Dannemann Siemsen & Cia was created. In 1958, a merger took place with Luiz de Ipanema Moreira’s firm. In 2000, the Dannemann Siemsen Institute was created, dedicated to promoting educational and cultural activities.
The current Dannemann Siemsen is the meeting of this story of consolidation of the largest law firm in Latin America in the area of Industrial Property with the formation of a prestigious team of Lawyers and professionals specialised in litigation and other strategic areas of Law.
3. What is the firm’s organisational model and structure and how many people work there?
There are 72 partners, over 240 lawyers and about 850 employees distributed over 5 offices. Our professionals are trained in the most diverse areas of Law and Technology. We operate in more than 150 countries.
4. In which areas does the firm operate and what differentiates Dannemann Siemsen?
In addition to dealing with all aspects that are inherent to Industrial Property, we work in administrative, judicial (civil and criminal) and arbitral disputes, in the consumer relations sector (advisory and litigation), in the area of contracts (franchises and comercial agreements in general), with law and technology, advertising law, regulatory law, environmental law, corporate law, tax law, Compliance and intellectual asset valuation.
Dannemann’s greatest differentials, in my opinion, have always been adaptability to client needs and investment in human capital. The overwhelming majority of its partners and professionals started and developed their entire career at the firm. We are extremely pleased every year to reward professionals who complete 30, 40 and even 50 years working at the firm, and there has been no discord at the firm over its entire history.
We are therefore a very cohesive, diverse and highly trained team, in which knowledge, good will and quality standards developed by the founders are passed on to new generations, who, in turn, add innovation, technology and modernity to the office.
5. The firm has developed, grown and is a reference standard not only in Intellectual Property but also in conducting of judicial and arbitral disputes. How did the expansion to this segment take place?
The litigation area was created in the 90s, initially focusing on conducting judicial cases related to Industrial Property. The expertise of Dannemann's technical/regulatory staff (formed of engineers and professionals working in expediting administrative and regulatory procedures) joined forces with the ambition of its original lawyers who were primarily trained in litigation to achieve exceptional results.
As the years passed, the number of lawsuits grew exponentially and the litigation sector matured and gained strength in order to advocate claims involving a diverse range of areas of law. In addition, Dannemann has shaped and invested in the development of experienced Lawyers specialised in resolving and conducting strategic disputes (most of whom, as in my case, started in the office as trainees).
Currently, the sector has dozens of partners, each with dedicated teams, made up of lawyers, assistants and trainees.
6. You are a specialist in Arbitration, work on extrajudicial solutions to conflicts and litigation issues for large companies. Could you describe a recent case on which you worked?
As Arbitrations are imbued with confidentiality, I can only comment generally on completed cases. We successfully concluded an Arbitration involving the return of amounts that had been discounted from the sale price of a national company. The company had been purchased by a foreign company and a considerable part of the sale price was withheld until a condition set out in the purchase and sale agreement was implemented. There was disagreement over the implementation of the condition (involving corporate and tax issues). The amounts were extremely large and Arbitration was instituted to resolve the dispute.
Currently, we have several ongoing cases in the environmental, contractual, corporate, franchise and infrastructure areas.
7. What are the advantages and disadvantages of choosing to resolve disputes through the extrajudicial route of Arbitration?
Arbitration has some striking advantages, such as the confidentiality that imbues the entire procedure, with the parties being able to choose arbitrators that are specialised in precisely the field or industry sector that is relevant to the litigation and the absence of appeals against arbitral awards, which, as a rule, considerably reduces the duration of the case. Another positive point is the flexibility/informality of the procedure.
As a disadvantage, I would cite the high cost in general of arbitration, especially when compared to court litigation, a fact that ends up making Arbitration less attractive for disputes of little economic or strategic value.
8. Considering your experience in judicial and arbitral disputes, comment on the interaction between the Judiciary and the Arbitral Courts?
The choice of Arbitration, since the enactment of Law 9,307/96 that governed the system, has been growing in the country. One of the reasons for such growth is precisely the relationship of respect and cooperation with the Judiciary. The work of the judiciary in cases destined for Arbitration in general takes place in the phase before the Arbitral Court is installed (analysing very urgent measures, which cannot wait for the initial procedure to institute Arbitration) and in the post-arbitration phase (verifying whether there was some defect in the legality of the arbitral proceeding). The Judiciary is also responsible for taking coercive/executive measures to enforce arbitral awards.
It should be noted that the Superior Court of Justice has a history of rulings that respect arbitral jurisdiction. The precedents of the said Superior Court on the subject are diverse and only in very exceptional cases does the Judiciary, in control of legality, review or annul arbitral awards. Such a respectful historical scenario adds legal certainty in choosing the arbitral route.
9. In your opinion, what are the major challenges for the growth in the number of disputes submitted to Arbitration in the country?
The use of Arbitration grows exponentially. Of the 981 proceedings initiated at the Arbitration Centre of the Brazil-Canada Chamber of Commerce, one of the most prestigious in the country, founded in 1979, 50% have been received in the last 5 years. In 2018 there were 101 cases, 86% of them with Brazilian parties. Another relevant fact is that Brazil was ranked 3 rd among the countries most represented in number of parties before the International Chamber of Commerce (the most prestigious Arbitration Chamber in the world, founded in Paris in 1919).
In any event, the major challenges are (i) making Arbitration economically more accessible and advantageous for smaller disputes, which I believe can happen with the stimulation of swift Arbitral proceedings and the diversification of professionals working as Arbitrators; and (ii) expanding the participation of the Public Administration in resolving disputes through the arbitral route. In addition, it is essential for there to be greater dissemination (repository of jurisprudence) of arbitral awards, provided that, with respect to confidentiality, the specific parties and facts of the decision issued are concealed.
10. Returning to Industrial Property, two topics are constant issues in the global media: Biodiversity and Sustainability. What can Industrial Property do or how can it help these 2 issues that are so relevant yet controversial?
Biodiversity serves as a basis to encourage/foster the creation of new technologies. If used well, inventors can take advantage of the huge variety available to develop innovative and sustainable solutions.
On this issue, Industrial Property has an important role, as its protection system affords temporary privileges for inventions, stimulating reinvestment in innovation. At the end of the period of protection, new technologies are transferred to the public domain, benefiting the whole of society. It is a virtuous circle of technological/scientific development.
Likewise, Industrial Property is a mechanism for stimulating innovation in sustainable technologies. The Green Patents program of the Brazilian Patent and Trademark Office – BPTO [National Institute of Industrial Property – INPI] (Resolution no. 175/2016) should be noted, whose objective is to speed up the examination of patent applications related to technologies intended for the environment (technologies for alternative energy, transportation, energy conservation, waste management and agriculture).
11. Has the office’s financial result for 2019 been achieved? And what is the growth projection for 2020?
The result exceeded expectations, especially when compared to the growth rates of the national economy. The projections for 2020 are optimistic, focused not only on the expectation of the global economic scenario improving, but also on the company’s willingness to adapt, innovate, evolve and invest in new businesses.
12. The progress in implementing more consistent Corporate Governance models has had positive effects. What impact does this have on companies, large or small, public or private, in Brazil?
Regardless of the size of the company, Corporate Governance, compliance and regularity practices are fundamental. If really applied, such practices add value to any business, aggregating business reliability and legal certainty. Companies headquartered in developing countries like Brazil, where the attraction of foreign investment and sources of financing is paramount, should treat Corporate Governance as a necessity.
Dannemann has been investing heavily in enhancing its governance, aiming at management transparency, sustainability and corporate responsibility. There are several management committees for the different areas of the firm, including a diversity committee and inclusion programs such as the long partnership with the Boy Patroller’s Circle of Friends (Camp) Mangueira, a social and educational project that works in the professional and personal training of adolescents.
13. What is your opinion about the current Brazilian and world economic situation?
The current global situation is one of apprehension, with the outbreak of COVID-19. Globalisation and the immediate circulation of information afford conditions for broad-spectrum global economic crises. Any and all predictions for the world economy will depend on to what extent the vírus spreads and on the role of governments around the world in seeking integrated and systemic solutions. Global problems require global responses. It is a fundamental lesson that we must learn.
In Brazil, the current situation is one of pragmatism and overcoming the polarisation between campaign ideals, in seeking to carry out the reforms necessary for the country’s development, the necessary political reorganisation, making the country attractive for foreign investment and conducive to national innovation.
14. Do you have a hobby?
The cinema and regularly playing basketball.
15. To finish: a phrase, a thought!
“All that has been, is the beginning of what will come, we are at a crossroads all the time” (Guimarães Rosa, “Grande Sertão: Veredas”)
