“It is a victory for David over Goliath. My invention has helped improve the spectacle, there is more playing time and fewer pauses for the referee to set the barrier. I gave all my knowledge and never received due credit. This decision did justice,” Brazilian inventor Heine Aleman told Lusa in a statement sent to His advisor.
The Brazilian court ruled that FIFA violated good faith in negotiations related to the use and patent of a spray that helps referees determine the distance from barriers when executing free kicks.
This decision, taken by the Supreme Court of Justice of Brazil on Tuesday, is in line with the understanding of the Court of Justice of Rio de Janeiro which had already recognized, in October 2021, that FIFA had acted in bad faith in the negotiations by preventing the FIFA World Cup. The inventor to negotiate his patent with other interested companies.
The plaintiff's lawyer, Larissa Teixeira Quattrini, said in the same memorandum sent to Losa: “This decision of the Supreme Court of Justice ends the topic of discussion, because no possible appeal will be able to change the understanding of the judges.”
FIFA had already suffered another defeat in the Brazilian courts when it tried to cancel the patent already registered in 44 countries.
In this case, the Federal Court of Rio de Janeiro recognized that the spray met all the requirements stipulated in the Brazilian Industrial Property Code, which contradicted the arguments of the highest entity in world football.
There was no disagreement between the judges over possible compensation for FIFA covering up the spray mark during the 2014 World Cup in Brazil. However, the majority of the judges understood that Heine Allemagne should also be financially compensated for this situation.
The total amount that Heine Alleman will receive has not yet been determined.
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