FIFA Loses Legal Battle in Brazil Over Soccer Spray, Ordered to Compensate Inventor

At some point, a spray started to be used in soccer mainly to help referees organize players during free kicks. It is something very helpful and seemingly simple, so why didn't anyone think of it before?

This is often how patents arise. Someone identifies a problem and devises an innovative solution. This happened when a Brazilian inventor created the spray for soccer. He developed the product and protected it through a patent application in Brazil, number PI 0002743-0. The patent was also extended to several other countries.

Since 2017, the Brazilian company has been disputing with FIFA over the unauthorized use of its patent. The owner also demanded that the spray not be used without authorization; however, it was used at the 2018 FIFA World Cup.

In 2021, the inventor achieved his first victory. The Brazilian Court of Appeal recognized FIFA's infringement and ordered compensation for the use of the spray. As a defense strategy, FIFA initiated a lawsuit to challenge the validity of the patent, arguing that it lacked inventive activity and should not have been granted.

The Brazilian court upheld the patent, with the judge affirming that it met the necessary requirements. Thus, the patent remained valid.

The final chapter of this dispute was written by the Brazilian Superior Court. The court upheld the decision of the Court of Appeal and confirmed that FIFA must pay compensation to the Brazilian company for the use of the spray.

This decision confirms one more time the importance of patents to protect the intellectual property. A small company in a dispute with the giant FIFA.