The protection of Industrial Property rights in Brazil is set forth in the constitutional and infra-constitutional plan, respectively by Article 5th, item XXIX of the Constitution of the Federative Republic of Brazil and by the provisions of Act No. 9279/96 (Industrial Property Act).

In 2019, a new Franchise Law was published, introducing certain changes by bringing clarity to the business relationship between Franchisor and Franchisee with greater legal certainty, transparency, and simplification.

As we mark International Women’s Day, female IP leaders share their thoughts on how equity is fundamentally different to equality, and why recognising this distinction is crucial.

A Practice Note discussing the civil and criminal claims available against counterfeiters and gray market goods sellers, the border protection mechanisms in Brazil that help identify and prevent the importation of counterfeit and gray market goods, and general anti-counterfeiting strategies intellectual property right (IPR) owners can employ in Brazil.

Where would the world be in technical development today without patents? Would we have sent a rocket to the moon and to Mars? Would the mobile had been invented? Probably not.

On December 30, 2022, the Brazilian Patent and Trademark Office (“INPI”) published the minutes of the SEI INPI 0747049 meeting, which simplifies a series of points with legal aspects and technical understandings that deserve revision by the INPI for the improvement of services related to the recordal of technology transfer / licensing agreements in Brazil.

With a population of approximately 215 million, Brazil is the largest economy in Latin America today, with the fifth highest number of internet users as of January 2022.

Updates on the Brazilian PTO Plan to Reduce the Backlog in Technical Examination - Triggered by the urgent need for improvements on the timeframe to analyze and decide on the patentability of the approximately 30,000 patent applications filed each year in Brazil, the Brazilian PTO implemented a project to reduce the patent backlog in August 2019. The objective was to reduce the number of pending patent applications in 80%, and the proposed goal was achieved in March 2022, around seven months ahead of the estimate.

During the months of December and January, there is what we call a Court Recess. This is a lapse of time in which the courts and other Institutions of the Brazilian judiciary stop working due to year-end festivities.

A very well-known problem faced by trademark owners in Brazil, especially trademarks that cover consumer goods, are the popular shopping malls in large cities, which are often distribution centers for counterfeit products.