Intellectual Property in Brazil: What to know in 2025
Fostering and safeguarding intellectual property is a fundamental priority for every nation. Indeed, Intellectual Property (IP) serves as a key mechanism for generating, sharing, and managing knowledge, and its protection enables countries to secure their intellectual resources.
In recent years, the Brazilian government has intensified efforts to cultivate a culture of innovation and expand the role of Intellectual Property within the country. Consequently, this shift has sparked numerous initiatives across all branches of government, aimed at modernizing and enhancing Brazil’s global competitiveness.
Examples of these efforts include the adoption of significant international agreements, the establishment of updated national strategies, the introduction of new regulations and laws, public consultation efforts, and reforms within the judiciary and law enforcement systems.
This article seeks to provide a concise and general overview of intellectual property in Brazil while addressing some common questions that may arise.
What is Intellectual Property?
The IP encompasses products of human creativity and intellect, including inventions, artistic and literary works, designs, as well as symbols, names, and images utilized in commerce.
Legal protections, such as patents, copyrights, and trademarks, safeguard IP. These measures allow individuals to gain recognition or financial rewards for their innovations and creations.
By balancing the rights of creators with the broader public interest, the IP framework seeks to cultivate an atmosphere where innovation and creativity can thrive.
Types of Intellectual Property:
Do you understand the difference between a patent and an industrial design? Or how to protect a photo using copyright? What about the advantages of obtaining a protected designation of origin? Here’s a concise guide to key intellectual property rights:
Patents: Patents grant exclusive rights over inventions, giving their owners control over their use. In exchange for these rights, inventors must disclose technical details about their creations in published patent documents, making the information publicly accessible.
Copyright: Copyright safeguards creators’ rights to their literary and artistic works, such as books, music, paintings, films, software, advertisements, and technical drawings. It ensures creators can benefit from their work while protecting it from unauthorized use.
Trademarks: Trademarks are symbols, words, or designs that distinguish a business’s goods or services from others. Dating back to ancient times, trademarks have long been used to signify the origin and authenticity of products.
Industrial Designs: These protect the ornamental or aesthetic aspects of a product, including three-dimensional features like shape and texture, as well as two-dimensional elements such as patterns, lines, and colors.
Geographical Indications: These marks highlight products originating from specific regions, emphasizing qualities, reputation, or characteristics tied to that location. Commonly, they include the name of the region, linking the product to its unique origin.
Trade Secrets: Trade secrets protect confidential business information, which can be sold or licensed. Misusing or disclosing such information without authorization is considered unfair and violates trade secret protections.
Understanding these IP categories helps individuals and businesses safeguard their innovations, creations, and competitive advantages.
Intellectual property in Brazil: What to know in 2025?
Brazil has recently made significant improvements to its IP regulations. As of 30 December 2022, the National Institute of Industrial Property (INPI) now permits licensees to pay royalties for unregistered intellectual property rights, provided the contracts are registered with the INPI. Additionally, as of 3 August 2023, the Hague System has become legally binding in Brazil.
While Brazil is a member of all major international IP agreements, piracy remains a widespread issue. Although the country has strict laws, including both criminal and civil penalties, enforcement is inconsistent.
The National Institute of Industrial Property (INPI) handles most matters related to IP registration, with specific regulations for trademarks, patents, industrial designs, copyrights, integrated circuits, and plant varieties.
Furthermore, the protection of confidential information is governed by both general contract law and the Intellectual Property Law. Lastly, there are regulations concerning contracts for the transfer of proprietary knowledge, including “know-how” and “technology.”
Treaties and Agreements:
Brazil became a member of the World Intellectual Property Organization (WIPO) in 1975 and is part of several WIPO-administered treaties and bodies. The National Institute of Intellectual Property (INPI), located in Rio de Janeiro and linked to the Ministry of Economy, is the primary authority for intellectual property matters in Brazil.
Brazil is a signatory to numerous international treaties that impact intellectual property in the country. The key treaties include:
- Paris Convention for the Protection of Industrial Property (Paris Convention)
- Patent Cooperation Treaty (PCT)
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs)
- Hague System for International Registration of Industrial Designs (Hague System)
- Protocol Relating to the Madrid Agreement (Madrid Protocol)
- Berne Convention for the Protection of Literary and Artistic Works (Berne Convention)
- Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity (Nagoya Protocol)
These treaties play a crucial role in shaping Brazil’s intellectual property laws and regulations, aligning them with international standards.
The different types of Intellectual Property in Brazil:
Trademarks
Brazil follows the priority principle outlined in the Paris Convention. A foreign trademark holder has six months from the date of registration abroad to file in Brazil and maintain priority.
After this period, the “first to file” rule applies, granting priority to the first applicant. Although trademark registration was traditionally slow, it now typically takes two to three years. Trademark protection lasts for 10 years and can be renewed indefinitely.
Patents, Designs, and Models of Invention
Patent registration in Brazil is time-consuming, with the process often taking over a decade. In contrast, registration for industrial designs and models is quicker. Brazil is part of the
Patent Cooperation Treaty (PCT), allowing applicants to file internationally. Foreign applicants also benefit from the Paris Convention priority. Patents and designs are protected under Brazilian Intellectual Property Law.
Furthermore, on 3 August 2023, Brazil fully adopted the Hague Agreement for the international registration of industrial designs, joining the Hague System. In addition, Brazilian regulations require applicants to file through the INPI and ensure that designs share a common purpose and distinguishing features. As a result, protection lasts up to 25 years.
Copyright
As a member of the Berne Convention, Brazil does not require copyright registration for protection. It covers authors of literary, artistic, and scientific works, including performance and broadcast rights. Although not mandatory, we recommend registering to establish proof of authorship and ensure preservation. The Software Law specifically protects software, with rare exceptions requiring INPI registration.
Integrated Circuits, Plant Breeds, Confidential Information
Law 11,484/2007 provides intellectual property rights for developers of integrated circuits, offering protection to Brazilian citizens, residents, and those in countries with similar rights.
Furthermore, plant breeders can register new or “essentially derived” plant breeds under the Plant Breeding Protection Law, granting exclusive rights over reproduction and multiplication.
Additionally, confidential information is protected under contract law and the duty of good faith. Therefore, it is advisable to use non-disclosure agreements to safeguard sensitive business information. Employees are also legally bound to maintain confidentiality.
Agreements for the Transfer of Proprietary Information
The INPI must approve agreements for licensing proprietary information, such as “know-how” and technology, to ensure enforceability and tax benefits for Brazilian businesses. Recent changes allow for the licensing of unregistered intellectual property, aligning Brazil’s framework with international standards and supporting its goal of joining the OECD.
What is the importance of having a specialized lawyer?
The importance of having a specialized lawyer in Intellectual Property (IP) laws in Brazil cannot be overstated.
As Brazil’s IP legal framework becomes increasingly complex, navigating its intricate laws requires expertise that only a specialized lawyer can provide.
The protection of intellectual property is crucial for businesses, creators, and innovators, as it secures valuable assets such as patents, trademarks, copyrights, and trade secrets.
A knowledgeable lawyer registers, safeguards, and defends your assets against infringement.
Brazil’s legal landscape for intellectual property is continuously evolving, with the adoption of new regulations, treaties, and frameworks. Notable developments include the implementation of the Hague System and changes in the treatment of royalties for unregistered IP rights.
A specialized lawyer stays up-to-date with these developments and ensures that clients comply with both national and international standards.
This is particularly vital for foreign companies or those engaged in cross-border transactions, as they must understand both the local legal system and the global implications of their IP rights.
Additionally, a specialized IP lawyer plays a key role in dispute resolution, offering guidance on enforcement actions, litigation, and negotiation of licensing agreements.
Their expertise can be invaluable in cases of piracy, counterfeiting, or unauthorized use of IP, as they help minimize legal risks and protect a client’s market position.
Moreover, in a competitive global economy, businesses cannot afford to overlook the importance of IP protection.
In addition, a lawyer with specific expertise in Brazilian IP laws maximizes, safeguards, and effectively leverages your intellectual property assets. Ultimately, a specialized lawyer is an essential partner in protecting and capitalizing on the intangible assets that drive innovation and growth.
Contact Us!
In conclusion, intellectual property protects creativity and innovation, requiring expert guidance to navigate its complexities for individuals and businesses.
A specialized lawyer actively protects your intellectual assets and maximizes their potential, navigating constantly evolving regulations and international agreements.
For personalized legal support, don’t hesitate to contact Martin Law Firm. With extensive experience in Brazilian and international intellectual property laws, they are ready to assist you in securing your valuable assets.
Protect your intellectual property with confidence:
Phone:
+1 (661) 336-9606
+55 (31) 3223-6588
Email: mark@martinlaw.com.br
FAQs: Intellectual Properties
What is intellectual property?
Intellectual property (IP) legally protects creations of the mind, including inventions, literary and artistic works, designs, symbols, and trademarks.
Why is intellectual property important?
IP protection ensures creators and businesses can benefit from their innovations and creations, fostering innovation and economic growth while preventing unauthorized use.
What are the main types of intellectual property?
The primary types include patents, copyrights, trademarks, industrial designs, geographical indications, and trade secrets.
How can I protect my intellectual property?
Protection methods depend on the type of IP. Patents, trademarks, and designs require registration, while copyrights and trade secrets may not always need formal registration but benefit from additional documentation.
What is the difference between a patent and a trademark?
A patent protects inventions and technological processes, while a trademark safeguards symbols, logos, or names that distinguish a business’s goods or services.
Does copyright require registration?
In most countries, including Brazil, copyright protection is automatic upon creation. However, registration can serve as evidence of ownership in legal disputes.
What are trade secrets?
Trade secrets are confidential business information, such as formulas or processes, that provide a competitive edge. They are protected through contracts and confidentiality agreements.
Can intellectual property rights be transferred?
You can transfer IP rights through licensing agreements or outright sales, allowing others to use or own the rights under specific terms.
What happens if someone infringes on my IP rights?
You can take legal action to enforce your rights, including seeking damages or an injunction to stop unauthorized use. Consulting a lawyer is highly recommended.
How long does intellectual property protection last?
Patents typically last 20 years, copyrights protect works for the creator’s lifetime plus a set number of years, and trademarks offer indefinite protection through renewals.