Regulations CDD-ABPI

Art. 4 The following are subject to these Regulations and have a duty to observe and comply with them:

1. THE CDD-ABPI;
2. The CDD-ABPI Secretariat;
3. The Parties submitting the dispute to this Chamber (“Parties”), their attorneys or representatives;
4. The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) appointed to conduct the proceedings governed by these Regulations;
5. All those who take part in the procedures governed by these Regulations.

Art. 5 Indication of these Regulations may be made by means of an agreement – contractual clause or commitment – freely drafted by the Parties, subject to the following requirements and conditions and the CDD- ABPI guidelines.

Sole Paragraph. These Regulations may be incorporated into an electronic contract, a digital asset or a digital asset system.

Art. 6 These Regulations offer the following procedural options, to be chosen by the Parties, by mutual agreement, at the time of the agreement or submission of the dispute to the CDD-ABPI:

1. Digital mediation;
2. Determination by Expert(s);
3. Digital Expedited Arbitration; or
4. Online Dispute Resolution System (ODR).

Sole Paragraph. The Parties may, by mutual agreement, at any time, convert any of the procedures included in these Rules into Mediation or Arbitration, in which case, if the Parties so agree, the respective regulations of the Mediation Chamber or the Arbitration Chamber of the Dispute Resolution Center of the Brazilian Association Intellectual Property (CSD-ABPI) shall apply.

Art. 7 Unless otherwise expressly provided for in these Rules or agreed between the Parties and the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), the proceedings shall be conducted exclusively remotely.

§ 1º – The documents and other formal acts necessary for the outcome of the procedure will be uploaded to a virtual environment, which must necessarily be protected by login and password, and contain access records (logs).

§ 2º – Where applicable, access records will be stored by CDD-ABPI for the period determined by Brazilian law.

§ 3º – When it is necessary to sign documents related to procedures, this should preferably be done electronically, under the terms of the applicable legislation.

Art. 8 Unless otherwise expressly provided for in a statement by the Parties, by mutual agreement, or in an agreement signed between the ABPI and another entity or entities, the procedures governed by these Regulations:

1. shall have its seat fixed by the CDD-ABPI, taking into account any observations made by the Parties in this regard and the circumstances of the dispute;
2. shall be conducted under the laws of the place where the relevant agreement was formed, and, in the absence of any specification in this regard, it shall be presumed to have taken place in the place where its proposer resides;
3. The costs shall be divided equally between the Parties;
4. will be confidential, upon signature of a Confidentiality Agreement by all participants, including agents, lawyers and technical assistants, and it is forbidden to disclose their existence or any information related to them;
5. will preferably be conducted in Portuguese; however, if there is no express language indication in the agreement, nor agreement between the Parties on what the language of the procedure should be, it will be up to the CDD-ABPI, in the case of Digital Mediation or Expert Determination, and the Arbitrator(s) or Expert(s), in the case of Digital Expedited Arbitration and Online Dispute Resolution System, to decide which language will be adopted for the conduct of the procedure.

Art. 9 The time limits set out in these Regulations begin to run on the first working day following notification of the party or the occurrence of the even that causes the time limit to run, excluding the day on which they begin and including the day on which they expire.

Sole paragraph. Unless otherwise provided for in the Law or these Regulations, all deadlines may be modified by mutual agreement of the Parties.

Art. 10 The Parties shall be notified of procedural acts by means of a notification, which shall be made exclusively by electronic means, sent to the contact details indicated in the Application or Reply.

§ 1º – The notification shall be deemed to have been received on the first business day after it has been sent or made available on the CDD- ABPI website, as the case may be, and the respective time limit shall begin to run.

§ 2º – Only communications originating from the official CDD-ABPI e-mail address or, if sent by the Parties, from the e-mail address indicated in the Application or Reply, shall be considered valid.

§ 3º – The Parties shall be deemed to have been notified of the acts carried out at the hearing when they are present at said hearing.

Art. 11 The Party or Parties wishing to initiate any of the proceedings (“Applicant”) shall formulate an Application in the appropriate section of the CDD-ABPI website or send it by electronic message (e-mail) to the CDD- ABPI Secretariat, including at least the following information, which shall constitute its Initial Allegations:

1. indication of the full names, qualifications and physical and electronic addresses of the Parties;
2. indication of the full name, qualification and physical and electronic address of the attorney(s) – including lawyer(s) and technical assistant(s) – of the Applicant(s), and presentation of the corresponding instrument of mandate;
3. indication of the procedure chosen and the convention or agreement that establishes the competence of the CDD-ABPI, including a reproduction of said document;
4. any specifications applicable to the procedure, including local, language or law, if any;
5. presentation of the factual and legal grounds for their claim;
6. indication of the value of the dispute, even if estimated;
7. submission of all other relevant documents;
8. requesting the production of any evidence it deems appropriate and compatible with the nature of the procedure chosen;
9. indication, even if by negative declaration, of the existence of any other judicial or extrajudicial proceedings that have been initiated or determinated in relation to the subject matter of the dispute;
10. indication of the preferred names to act as Mediator(s), Expert(s), Arbitrators(s) or Specialist(s), according to the procedure chosen, preferably from the list of professionals made available by CDD- ABPI, being: nomination of 3 (three) names for procedures with provision for 1 (one) Mediator, Expert, Arbitrator or Specialist; and nomination of 5 (five) names for mediation procedures or with provision for 3 (three) Expert(s), Arbitrator(s) or Specialist(s);
11. presentation of proof of payment of the Application Fee corresponding to the chosen procedure; and
12. a statement exempting CDD-ABPI, the Mediator(s), the Expert(s), the Arbitrator(s) or the Specialist(s) from participation and liability in any legal dispute that may be initiated by the Claimant or the Respondent in relation to the procedure, under the terms of article 57 of these Rules.

Art. 12 The CDD-ABPI Secretariat shall preliminarily assess the suitability of the dispute for the chosen procedure and, if so, shall summon the defendant(s) (“Respondent”) to submit Reply(s) within 15 (fifteen) days, to be submitted via the CDD-ABPI website, if applicable, or by electronic message (e-mail) to the CDD-ABPI Secretariat.

Sole Paragraph. The final analysis of the suitability of the chosen procedure will be carried out by the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), in accordance with art. 21.

Art. 13 The Response(s) to the Application must contain the requirements listed below:

1. indication of the full names, qualifications and physical and electronic addresses of the Parties;
2. indication of the full name, qualification and physical and electronic address of the attorney(s) of the Respondent(s) – including lawyer(s) and technical assistant(s) – and presentation of the instrument of mandate, if any;
3. indication of agreement or objection to the agreement and the choice of procedure;
4. indication of agreement with or objection to any specifications made by the Applicant, including the seat, language and law of the procedure, if any;
5. presentation of the defense’s legal and factual grounds;
6. submission of all other relevant documents;
7. requesting the production of any evidence it deems appropriate and compatible with the nature of the procedure chosen;
8. indication, even if by negative declaration, of the existence of any other judicial or extrajudicial proceedings that have been initiated or terminated in relation to the subject matter of the dispute;
9. indication of the preferred names to act as Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), according to the procedure chosen, preferably from the list of professionals made available by CDD- ABPI: nomination of 3 (three) names for procedures with provision for 1 (one) Mediator, Expert, Arbitrator or Specialist; and nomination of 5 (five) names for mediation procedures or with provision for 3 (three) Expert(s), Arbitrator(s) or Specialist(s);
10. Any Counterclaim, if the chosen procedure so requires, by means of the same requirements as the Application, including the presentation of proof of payment of the relevant Fee;
11. a statement exempting CDD-ABPI, the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) from participation and liability in any legal dispute that may be initiated by the Claimant or the Respondent in relation to the procedure, under the terms of article 57 of these Regulations.

Art. 14 In the event of a Counterclaim, the Applicant will be summoned by the CDD-ABPI Secretariat to comment on its content within 10 (ten) days.

Art. 15 Once the Application, Answer and, where applicable, the Counterclaim and the Statement of Opposition to the Counterclaim have been verified as being in order, the CDD-ABPI will appoint the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) within a period of up to 10 (ten) days, in accordance with the chosen procedure.

§ 1º – If a formal irregularity is identified in the Application, the Reply, the Counterclaim or the Counterclaim Statement, the CDD-ABPI Secretariat shall summon the corresponding party to remedy it within 5 (five) days, under penalty of filing, in the case of the Application or the Counterclaim, or disregard, in the case of the Reply or the Counterclaim Statement.

§ 2º – The filing of the Application does not prevent the Applicant from submitting a new Application.

§ 3º – The CDD-ABPI Secretariat will not reimburse the Claimant for the fees paid if the Claim or Counterclaim is initially rejected, with the exception of the amount payable to the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), if they have not yet been appointed.

Art. 16 Unless otherwise specified, each procedure shall be conducted by one (1) Mediator, Expert, Arbitrator or Specialist respectively.

§ 1º – The Parties, by mutual agreement, may establish that the chosen procedure be conducted, respectively, in mediation, by 2 (two) Mediators, or by 3 (three) Experts, Arbitrators or Specialists.

§ 2º – The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) must be part of a list of professionals previously qualified by the CDD-ABPI or have their name(s) approved by the CDD-ABPI, based on the suggestion of the Parties.

§ 3º – After the Parties have submitted their lists of preferred names, respectively in the Application and in the Reply, the appointment of the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall be made by the CDD-ABPI, seeking, whenever possible, to give preference to the name(s) with the most votes, in accordance with art. 18 below; an agreement between the ABPI and another entity or entities may establish different criteria for the appointment of Mediator(s), Expert(s), Arbitrator(s) or Specialist(s).

Art. 17 The Mediator, Expert, Arbitrator or Specialist may be any person with the expertise, technical knowledge and time available to resolve the dispute submitted to the procedures included in these Regulations, as assessed by the CDD-ABPI.

Art. 18 The appointment of Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) by the CDD-ABPI will take into account, but not be limited to:

1. Any points raised by the Parties at the request of the procedure;
2. The nature of the dispute;
3. The expertise of the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s);
4. The feasibility of a decision being issued by the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) within the time limit of the procedure;
5. The language of the procedure;
6. The domicile and nationality of the Parties.

Art. 19 The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall be impartial and independent in relation to the Parties and the dispute.

§ 1º – Before accepting the appointment, the Mediator(s), Expert(s), Arbitrator(s) or Expert(s) shall inform the Parties and CDD- ABPI of any circumstances that may raise reasonable doubt as to their impartiality and independence, or confirm in writing that such circumstances do not exist.

§ 2º – If, at any time during the proceedings, the Mediator(s), Expert(s), Arbitrator(s) or Expert(s) become aware of new circumstances that may give rise to reasonable doubt as to their impartiality and independence, the Mediator(s), Expert(s), Arbitrator(s) or Expert(s) shall immediately inform the Parties and the CDD-ABPI of such circumstances.

§ 3º – Professionals who act as Mediator(s), Expert(s), Arbitrator(s) or Expert(s) in a dispute may not act in any other role in the same dispute, in any expert, arbitration, judicial or other procedure, not even in the other procedures included in these Rules.

§ 4º – The guiding principles of their role as set out in the CMed-ABPI Code of Ethics and the CArb-ABPI – Code of Ethics shall apply to the Mediator(s) and the Arbitrator(s) respectively; the guiding principles of their role as set out in the CArb-ABPI – Code of Ethics shall apply to the Expert(s) and the Specialist(s), to the extent applicable.

Art. 20 Either Party may request the challenge of the Mediator(s), Expert(s), Arbitrator(s) or Expert(s) appointed by the CDD-ABPI, based on reasonable grounds, on the CDD-ABPI website, if applicable, or by means of an electronic message (e-mail) sent to the CDD-ABPI Secretariat and to the counterparty, within 5 (five) days of the appointment or after becoming aware of a new fact that compromises the independence or impartiality of the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s).

§ 1º – The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) and the other parties to the procedure will be notified by the CDD-ABPI Secretariat of the objection made, and may comment on its content within 5 (five) days.

§ 2º – Within five (5) days of the deadline set out in Paragraph 1, the CDD-ABPI shall analyze the objection and, if it accepts the request, shall immediately appoint new Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) for the case.

§ 3º – The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) may also be replaced ex officio by the CDD-ABPI, at any time, in the event of recognized and declared resignation, impediment or suspension, or lack of availability or physical, mental or moral capacity to perform their function.

Art. 21 Preliminarily, the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall assess the suitability of the dispute for the chosen procedure, and may, if they consider that its complexity is not compatible with the speed and objectivity of these Rules, propose to the Parties the conversion to Mediation or Arbitration, in which case, if the Parties agree, the respective regulations of the Mediation Chamber or the Arbitration Chamber of the Dispute Resolution Center of the Brazilian Association Intellectual Property (CSD-ABPI) shall apply.

Art. 22 The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s) shall conduct the procedure in the manner they deem appropriate, with a view to speed, flexibility and objectivity, always, however, ensuring that the Parties are treated fairly and equally, and that each Party has an adequate opportunity to speak and exercise their right of defense during the procedure.

Art. 23 Through the Digital Mediation Procedure, impartial third party(ies) – the Mediator(s) – without decision-making power, chosen or accepted by the Parties, assist and encourage them to identify or develop consensual solutions to the dispute, remotely, under the terms of Federal Law No. 13.140/2015.

Art. 24 The Mediator(s) shall send a letter of invitation to the Parties and their lawyers, where appropriate, designating a day and time for them to attend the first digital mediation meeting, and the Parties may attend accompanied or not by their lawyers.

Art. 25 At the end of the first mediation meeting, the Mediator(s) will propose to the Parties that they sign the Mediation Agreement, which will contain at least:

1. the name and qualification of the Mediator(s);
2. the transcript of the agreement establishing the competence of the CDD-ABPI to govern the Digital Mediation Procedure;
3. the means of conducting the digital mediation, its language, as well as any rules specifically agreed for that digital mediation procedure;
4. the object, even if subject to change, to be discussed throughout the procedure;
5. the costs of digital mediation and the responsibility for the payment of fees and charges, as well as the method of payment and the estimate of other costs of the procedure;
6. the start date, the preliminary schedule of meetings, according to the availability of the interested parties and the Mediator(s), and the schedule established may be reviewed and modified, by mutual agreement, at any time during the procedure by the interested parties;
7. the confidentiality agreement.

Art. 26 Digital mediation meetings will preferably be held jointly, with the participation of the Parties and the Mediator(s), with the possibility of holding private meetings (caucus), when the case requires and at the discretion of the Mediator(s).

Art. 27 The participation of the Parties in the meetings is fundamental; in the event that it is impossible for the interested Party it self or Parties with legal personality to participate, they must be represented in the procedure by someone who has proven knowledge of the facts, powers to compromise, make and sign agreements, receive and give discharge.

Art. 28 All documents that may have been submitted during the digital mediation must be deleted at the end of the mediation, except for formal documents involving the CDD-ABPI procedure.

Sole paragraph. No document generated in the course of digital mediation, with the exception of any documents validated and signed by the Parties with an express provision to that effect, may be used in another context.

Art. 29 Digital mediation is voluntary and may be terminated at any time by the Mediator(s) – jointly, in the case of comediation – or by the Parties, jointly or separately.

Art. 30 If the digital mediation results in an agreement between the Parties, the Mediator(s), together with the Parties and their respective lawyers, if applicable, will draw up the Term of Agreement, observing the legal requirements.

Sole paragraph. A copy of the Term of Agreement will be digitally archived at CDD-ABPI for the record and guarantee of the Parties.

Art. 31 In the interpretation of omitted cases relating to the Digital Mediation Procedure, the Regulations of the Mediation Chamber of the Brazilian Association Intellectual Property shall apply subsidiarily, to the extent compatible.

Art. 32 Unless there are extraordinary circumstances, the Mediation procedure must not last longer than 30 (thirty) days from the appointment of the Mediator(s).

Art. 33 By means of the Expert Determination procedure, the Parties, by mutual agreement, agree to submit a technical issue to the analysis, verification or remote assessment of an Expert(s), chosen or accepted by the Parties themselves, who will produce an opinion answering the questions put to them, with binding force and immediate compliance.

§ 1º – The Expert(s) must necessarily be specialists in the specific area of knowledge that is the subject of the analysis, verification or evaluation required.

§ 2º – The legal opinion containing the Expert(s)’ Determination is not to be confused with a decision on any dispute between the Parties, and does not prevent the dispute from being submitted to subsequent mediation (in traditional or digital format), arbitration (in traditional format or in the expedited digital version), administrative or judicial proceedings.

Art. 34 The Expert(s) shall send a letter of invitation to the Parties and their lawyers, where appropriate, appointing a day and time for them to attend the first meeting of the procedure, and the Parties may or may not be accompanied by their lawyers.

Art. 35 At the end of the first meeting of the procedure, the Expert(s) will propose to the Parties that they sign the Expert Determination Term, which will contain:

1. the appointment and qualification of the Expert(s) and any technical assistant(s) of the Parties, if any;
2. the transcript of the convention establishing the competence of the CDD-ABPI to govern the Expert Determination Procedure;
3. the means of carrying out the procedure, its language, as well as any rules specifically agreed for that procedure;
4. the start date and preliminary schedule of meetings and proceedings;
5. the additional documents to be submitted by the parties;
6. the questions of the Parties that will be the subject of the Expert(s) opinion and the possibility of formulating additional questions;
7. the confidentiality agreement.

Art. 36 After consulting the Parties and their possible technical assistant(s), the Expert(s) shall determine how to conduct the procedure, and may request additional documents and information, conduct investigations and seek advice from relevant sources, as well as establish what subsidies and diligence will be required.

§ 1º – With the exception of the Report(s) of their Technical Assistant(s), the Parties shall attach the documents and provide the subsidies they deem appropriate for the instruction of the procedure together with the Application or Reply.

§ 2º – The Expert(s) may designate virtual steps, in addition to other measures they deem necessary, preferably in remote format, on electronic media.

§ 3º – The Expert(s) may also limit or reject the submission of new documents or the carrying out of steps requested by the Parties, if they consider this unnecessary for answering the questions.

Art. 37 The absence of a Reply or of the Expert(s) signing the Expert(s) Determination Term shall not prevent the procedure from being processed properly until the opinion has been drawn up.

Art. 38 The Expert(s) shall draw up the opinion and answer the Parties questions on the basis of the documents attached, the information provided by the Parties and the steps taken in the procedure, their expertise in the technical matter in question or any other information they consider technically relevant.

Art. 39 The opinion shall be written and signed by the Expert(s) and shall necessarily contain:

1. the name and qualification of the Expert(s) and the Parties;
2. a brief report on the steps taken and the documents analyzed;
3. the technical grounds for their conclusions;
4. the objective answer to the parties’ questions;
5. the date and place where it was delivered.

Art. 40 There can be no appeal against the merits of the Expert(s) opinion; however, each Party may, within 5 (five) days of being informed of its content, make a single request for the correction of material errors or for further clarification, to be answered by the Expert(s) within 5 (five) days.

Art. 41 The Expert Determination procedure shall not last longer than 90 (ninety) days from the appointment of the Expert(s), and may exceptionally be extended, at the discretion of the Expert(s), for a further 90 (ninety) days.

Art. 42 Through the Digital Expedited Arbitration Procedure, the Parties, by mutual agreement, agree to submit the resolution of a future or current dispute to Arbitrator(s), in a remote procedure, being bound by the arbitral decision, in the form of Federal Law n. 9.307/96.

Art. 43 The Arbitrator(s) shall send a letter of invitation to the Parties and their lawyers, where appropriate, appointing a date and time for them to attend the first arbitration meeting, and the Parties may attend accompanied or not by their lawyers.

Art. 44 At the end of the first arbitration meeting, the Arbitrator(s) will propose the signing of the Arbitration Agreement, which will contain:

1. the appointment and qualification of the Arbitrator(s) and any technical assistant(s) of the Parties, if any;
2. the transcript of the agreement establishing the competence of the CDD-ABPI to govern the Digital Expedited Arbitration Procedure;
3. the means of conducting the procedure, its seat, language and law (including information on the possibility of a fair trial), as well as any rules specifically agreed for that procedure;
4. a summary of the dispute and the parties claims that will be the subject of the arbitration proceedings;
5. indication of the value of the dispute, even if estimated;
6. the start date and preliminary schedule of meetings and proceedings;
7. provision on the success fee and the form of reimbursement of the costs of the arbitration proceedings;
8. the confidentiality agreement.

Art. 45 The absence of an Answer or the signature of the Arbitration Agreement shall not prevent the procedure from being processed properly until its final decision.

Art. 46 It is up to the Arbitrator(s) to decide ex officio, or at the request of the Parties, any request or challenge brought during the procedure, also defining which evidentiary elements they will consider in resolving the case.

§ 1º – For the production of evidence, the Arbitrator(s) may request the Parties to send additional documents, appoint hearings and other measures deemed necessary, preferably in remote format, by electronic means.

§ 2º – The performance of acts by electronic means shall not prejudice the seat chosen for the arbitration, for the purposes of the law for which it is intended.

§ 3º – With the exception of the testimony of the Parties and witnesses (a maximum of three per Party), if necessary, the Parties shall produce the evidence they deem appropriate for the instruction of the procedure together with the Application, the Reply, the Counterclaim or the Statement of Counterclaim.

§ 4º – The Arbitrator(s) may limit or reject the production of evidence sought by the Parties that they consider unnecessary for the outcome of the dispute, order the submission of written testimony, among others.

§ 5º – Expert evidence is not compatible with the speed of the Digital Expedited Arbitration Procedure, and the Parties may, if the Arbitrator(s) so agree, attach Technical Reports or call the testimony of experts in the disputed matter.

§ 6º – The party requiring an urgent precautionary or provisional measure may request it in accordance with Title VI of the Rules of the Simplified Procedure of the Arbitration Chamber of the Brazilian Association Intellectual Property.

§ 7º – The Arbitrator(s) may decide the dispute on the basis of the facts and evidence presented, without the obligation to hold a hearing.

§ 8º – If the Arbitrator(s) consider(s) that a hearing is necessary to resolve the dispute, the Arbitrator(s) shall sum on the Parties to the pre-trial hearing at least seven (7) days in advance, which shall preferably be held remotely, by electronic means.

§ 9º – Should they deem it necessary, the Arbitrator(s) may authorize, at the end of the instructional phase, the presentation of Oral Reasons for a period of 20 (twenty) minutes for each Party, beginning with the Claimant and concluding with the Respondent.

Paragraph 10 – In the interpretation of omitted cases relating to the Digital Expedited Arbitration procedure, the Rules of the Simplified Procedure of the Arbitration Chamber of the Brazilian Association Intellectual Property shall apply subsidiarily, to the extent that they are compatible, in the first place, and, alternatively, the Rules of the Arbitration Chamber of the Brazilian Association Intellectual Property.

Art. 47 Except in extraordinary circumstances, the Arbitrator(s) shall render the award within 90 (ninety) days of their appointment.

Art. 48 The award shall be drawn up and signed by the Arbitrator(s) and shall necessarily contain:

the name and qualification of the Arbitrator(s) and the Parties;
a brief report summarizing the dispute, the documents submitted and the steps taken;
the grounds for the decision, which shall analyze the issues of fact and law, expressly mentioning whether the Arbitrator(s) ruled in equity;
the operative part, in which the Arbitrator(s) shall resolve the issues submitted to them and set the deadline for compliance with the decision, if applicable;
establishing liability for the costs of the arbitration, including succession fees and other expenses that must be reimbursed; and
the date and place where it was delivered.

Art. 49 The arbitral award puts an end to the proceedings and is final; no appeal is allowed and it must be complied with by the parties in the manner and within the time limits set out therein.

Sole Paragraph. If the Parties reach an agreement during the course of the arbitration proceedings, even before the arbitration is constituted, the Arbitrator(s) may, at the request of the Parties, homologate the agreement in the form of a specific arbitral award.

Art. 50 If the CDD-ABPI identifies a significant mistake or omission in the award, it may, on its own initiative or at the request of either party, within five (5) days of notification or acknowledgement of the award, request the Arbitrator(s) to issue a new decision correcting the mistake or omission, without affecting the Arbitrator(s)’ freedom of decision.

Art. 51 The CDD-ABPI may make available – including through an agreement with other entity(ies) – an Online Dispute Resolution System (ODR), through regulations developed in a manner customized to specific needs.

Art. 52 Proceedings through the specific Online Dispute Resolution System (ODR) will take place remotely and will be conducted by Specialist(s) appointed by the CDD-ABPI.

Art. 53 Except in extraordinary circumstances, the Online Dispute Resolution System (ODR) shall not last longer than 90 (ninety) days from the appointment of the Expert.

Art. 54 The CDD-ABPI will be responsible for administering the procedures governed by these Regulations, ensuring that they are swift and effective.

Art. 55 The CDD-ABPI has the power to analyze and decide procedural issues outside the scope of the Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), including the challenge or replacement of Mediator(s), Expert(s), Arbitrator(s) or Specialist.

Sole Paragraph. The CDD-ABPI shall analyze and decide in accordance with the Rules of Procedure of the CDD-ABPI and of the Center for Dispute Resolution, Mediation and Arbitration in Intellectual Property of the Brazilian Association Intellectual Property (“CSD-ABPI”).

Art. 56 Any decisions relating to the merits of the disputes which are the subject of the proceedings are excluded from the competence of the CDD- ABPI, which are the exclusive competence of the respective Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), including objections to the existence, validity, effectiveness and scope of the agreements between the Parties intended to govern the settlement of the dispute, through any of the procedures provided for in these Regulations.

Art. 57 The Mediator(s), Expert(s), Arbitrator(s) or Specialist(s), the CDD- ABPI, its members and representatives, shall not be liable to any person for any acts or omissions related to the procedures described here in, except as otherwise provided by applicable law, with the exception of cases of willful misconduct or fraud.

Art. 58 These Regulations shall enter into force on the date of their approval by the ABPI Executive Committee.

Sole paragraph. Any changes to these Regulations shall only apply and be effective between the Parties that agree to them and in the procedures specifically indicated by said Parties, and such changes shall be limited to the provisions relating to the actions of the Parties, and may not affect provisions of an administrative nature of the CDD- ABPI.

Art. 59 Unless the parties expressly agree otherwise, the proceedings governed by these Rules shall be conducted under the version of these Rules in force on the date of the request to initiate proceedings.

Art. 60 Any doubts or omitted cases shall be resolved by the Board of the Center for Dispute Resolution, Mediation and Arbitration in Intellectual Property of the Brazilian Association Intellectual Property (CSD-ABPI).