The entity attempted to invalidate the product’s patent through legal action, but the allegations were refuted in the report submitted to the Rio Court; The company owned by Brazilian Heine Allemagne expects to receive compensation of around R$200 million
A technical report indicated by Judge Eduardo Fernandes, del 25th Federal Court of Rio de Janeiroindicated that the spray used by football referees to mark the position of the barrier qualified to be considered an invention, refuting the claims of FIFA that the product was not new. The Brazilian Heine Allemagneinventor of the object, filed a lawsuit against the organization for improper use of the instrument he patented at the National Institute of Industrial Property (INPI), and registered in 44 countries.
Since late 2017, the Court of Justice of Rio de Janeiro (TJRJ) has banned the use of the product in all matches organized by FIFA, but the top football entity ignores the provision and has taken legal action to try to cancel the patent. However, a 184-page article by Wanise Borges expert Gouvea Barroso, a chemical engineer and industrial property specialist, refuted FIFA’s accusations.
Allemagne’s battle against FIFA for recognition of the invention of the barrier spray has been going on for years in court. Created in 2000, the product began to be used in South American competitions in 2009. Three years later, FIFA became interested in purchasing the patent, preventing negotiations with other companies citing the need to test it.
In 2014, FIFA, through marketing director Thierry Weill, made an offer of 500,000 dollars to purchase the patent, a sum considered negligible by Spuni. Despite this, the spray was used at the 2014 World Cup without the company’s branding on the product. Julio Grondona, FIFA’s chief financial officer, said before he died that the product was at least worth it US$40 million (R$206.8 million at current prices)figure that Allemagne expected to receive, but the offer was never presented.
Without an agreement with FIFA, they decided to file a lawsuit against TJ-RJ demanding compensation of 100 million dollars (R$390 million at the time). Judge Ricardo Lafayette Campos’ decision at the end of 2017 established a fine of $15,000 (R$58,000) for each event in which the spray was used.
In 2021, the 14th Civil Section of the Court of Justice of Rio de Janeiro ordered FIFA to compensate Spuni for having established a crime against objective good faith in the negotiations for the acquisition of the patent. The value of compensation for material damage caused by unauthorized use of the product is being evaluated. The entity was also ordered to pay R$100,000 in moral damages. FIFA is still appealing the conviction.
Source: Terra
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