Brazil’s Supreme Court Redefines Platform Liability: Toward a Global Model of Digital Diligence

Digital Law in Brazil - Current Hot Topics | Brazil’s Supreme Court Redefines Platform Liability: Toward a Global Model of Digital Diligence

In a landmark decision, Brazil’s Supreme Federal Court (STF) declared the partial unconstitutionality of Article 19 of the Marco Civil da Internet, reshaping the country’s approach to online platform liability. The ruling introduces a layered model of diligence and responsibility that aligns Brazil with evolving global standards such as the EU’s Digital Services Act and other emerging regimes of digital accountability.

Digital Law in Brazil - Current Hot Topics | Artificial Intelligence in Brazil: An Overview of the Regulatory Landscape

Digital Law in Brazil - Current Hot Topics | Artificial Intelligence in Brazil: An Overview of the Regulatory Landscape

At present, Bill No. 2,338 of 2023 is under consideration before the Brazilian National Congress, proposing a framework for the development, promotion, and ethical and responsible use of artificial intelligence (AI), grounded in the principle of human-centricity. The bill seeks to reconcile incentives for technological innovation with the protection of fundamental rights and the guarantees afforded to data subjects, by establishing parameters aimed at legal certainty and the prevention of abusive practices involving AI. Inspired by the European Union’s regulatory model, the proposal adopts a risk-based approach, classifying AI systems according to the potential impact of their applications on human life and the degree of threat posed to fundamental rights, distinguishing between artificial intelligence and generative artificial intelligence.

BRAZIL: New Law Puts Onus on Brand Owners to Protect Minors Online

BRAZIL: New Law Puts Onus on Brand Owners to Protect Minors Online

Brazil’s new Law No. 15,211/2025, establishing the Digital Statute for Children and Adolescents (ECA Digital), is a groundbreaking framework for protecting minors in digital environments, including platforms, social networks, apps, and electronic games.

BPTO Releases 2025 Statistics and Highlights Record Numbers of Applications

BPTO Releases 2025 Statistics and Highlights Record Numbers of Applications

The Brazilian Patent and Trademark Office (INPI) has released its 2025 statistics, highlighting a significant increase in both applications and grants of intellectual property rights. The data reveal historic records in patents, trademarks, industrial designs, and computer programs.

BPTO’s Strategic Direction: Speed, Predictability and Enforcement in Brazil’s IP System

BPTO’s Strategic Direction: Speed, Predictability and Enforcement in Brazil’s IP System

In December 2025, discussions involving the Brazilian National Institute of Industrial Property (BPTO), the São Paulo Intellectual Property Association (ASPI) and the Center of Industries of the State of São Paulo (CIESP) addressed the future institutional direction of Brazil’s IP authority. Led by Alexandre Lopes Lourenço, Director of Trademarks at BPTO, these exchanges provided insight into the Institute’s current challenges, operational indicators and strategic priorities.

Brazilian Court grants trade-dress protection to Timberland’s iconic “Yellow Boots” after refusal by the BPTO

Brazilian Court grants trade-dress protection to Timberland’s iconic “Yellow Boots” after refusal by the BPTO

Our firm has secured a significant victory for Timberland in a landmark ruling that recognized the distinctiveness of the brand’s iconic Yellow Boots and ordered their registration as a trademark in Brazil. The case was led by Marianna Furtado de Mendonça, partner of the firm’s trademark litigation practice.

Historic Drop in Pirated Mobile Phones Marks a New Era of Regulatory Enforcement in Brazilian E-Commerce

Historic Drop in Pirated Mobile Phones Marks a New Era of Regulatory Enforcement in Brazilian E-Commerce

The Brazilian market for irregular smartphones underwent a significant shift in 2025, with the share of these devices in total sales falling from 19% to 12%, according to data released by the Brazilian Electrical and Electronics Industry Association (ABINEE). This sharp decline reflects not only increased governmental oversight but also an important evolution in the conduct of e-commerce platforms, which have adopted more effective mechanisms for verifying and moderating listings.

Liability of Digital Platforms: What Changes in the Fight Against Piracy After the Brazilian Supreme Court’s Ruling on Article 19 of the Internet Civil Framework (MCI)

Liability of Digital Platforms: What Changes in the Fight Against Piracy After the Brazilian Supreme Court’s Ruling on Article 19 of the Internet Civil Framework (MCI)

With the Brazilian Supreme Court’s decision on the MCI, online marketplaces and social networks lose their unrestricted immunity, ushering in a new phase of digital compliance and increased civil and commercial exposure.

Fintechs Under Scrutiny: New BCB and CMN Resolution on the Use of “Bank” and “Banco” May Redefine the Intellectual Property Landscape in Brazil

Fintechs Under Scrutiny: New BCB and CMN Resolution on the Use of “Bank” and “Banco” May Redefine the Intellectual Property Landscape in Brazil

On November 28, 2025, the Central Bank of Brazil (BCB), together with the National Monetary Council (CMN), published a resolution regulating the use of terms such as “banco,” “bank,” and related expressions by institutions whose operations do not require authorization from the BCB. The measure has raised an alert in the digital ecosystem: many fintech’s may face a scenario of strategic revisions and potential intellectual property conflicts, including several of which have built their brands with direct or indirect references to the banking universe.

Anti-counterfeiting - New Interpretation of Brazilian IRS Reduces Costs, Increase Predictability, and Strengthens Enforcement

Anti-counterfeiting - New Interpretation of Brazilian IRS Reduces Costs, Increase Predictability, and Strengthens Enforcement

New guidance standardizes procedures, reduces costs, and prevents the improper release of counterfeit goods.

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