IDS debates market research in the field of intellectual property

IDS debates market research in the field of intellectual property

Last Wednesday, the Dannemann Siemsen Institute (IDS) welcomed Professors Kone Cesário and Cesário to give a lecture on “Market research methodologies applied to IP lawsuits”.  The debate was mediated by Dannemann Siemsen lawyer Caio Richa de Ribeiro.

The event discussed the relevance of using market research, as well as the importance of the correct methodology applied in such research, for resolving disputes involving intellectual property rights.

Starting his presentation, Prof. Gustavo brought the marketing area’s perspective on the subject, questioning the use of the term “average consumer” and bringing fundamental theoretical concepts to explain the complexity of factors in carrying out market research. Above all, he considered how research is a means of understanding consumer behavior in order to make an assessment of a particular brand and its distinctive aspects. It was also explained that market research has also proved useful in resolving disputes involving industrial designs, trade dress and even utility models, in certain cases.

Next, an overview was given of the types of market research methodologies that can be carried out, such as conclusive research (quantitative), exploratory research (qualitative), research based on experiments (comparative evaluation between brands), interviews using virtual panels, opinion polls, among others.

The speakers explored the applications of market research in intellectual property lawsuits, emphasizing the importance of using solid theoretical methodological frameworks and showing in practice their effects on the outcome of disputes. In this part, Prof. Kone made pertinent points by bringing examples of decisions in which these opinions and surveys played crucial roles as means of proof.

It was also pointed out that market research is equally valuable for use as statistical support in out-of-court negotiations, since it provides solid data that helps the parties to have an idea of the chances of success in a possible lawsuit.

Note: For quick release and cost control, this English version is provided by automated translation without human review.