A New Chapter on Football Spray - an off-field dispute - the Brazilian spray patent battle with FIFA

A New Chapter on Football Spray - an off-field dispute - the Brazilian spray patent battle with FIFA

Since 2017, there has been an off-field football dispute over the patent infringement of the spray used to mark the distance between the barrier's position and the ball for free kicks in football matches.

Copyright Registration via Blockchain: A Perspective Under Brazilian Law and Local Practice

Boosting Brazil's Semiconductor Industry: BRPTO's Active Participation and Government Initiatives

The Brazilian PTO hosted this week, from October 23rd to 27th, in Rio de Janeiro, Brazil, the ninth meeting of the Experts’ Group for Semiconductor Technology (EGST). This is the first time that the meeting has taken place outside of the World Intellectual Property Organization (WIPO), in Geneva, Switzerland. The group’s objective was to discuss a new class in the International Patent Classification (IPC) focused on semiconductors. Participants from several countries such as Japan, Korea, the UK, the USA, France and, of course, Brazil as well as representatives from the IP entities EPO and WIPO from many different areas of related technologies such as chemistry, electricity, and mechanics, were present at the meeting.

Artificial Intelligence Regulation in Brazil: What’s Going On

Artificial Intelligence Regulation in Brazil: What’s Going On

In the wake of rapid advances resulting from generative artificial intelligence, global governments, and policymakers are studying and accelerating efforts on how to regulate and legislate about AI, being a multitask work, from what AI is capable to do or not to do, its impacts, and consequences.

World IP day in times of COVID-19 Pandemic

The World Intellectual Property Day is celebrated every year on April 26. This year, the importance of this date takes on a new meaning in the midst of the COVID-19 pandemic.

Impacts of the current pandemic on the routine of the Brazilian courts

Over the last weeks, due to the coronavirus pandemic, people have witnessed with astonishment the necessary interruption of several basic services, which are constitutionally assured and regularly provided, among them, services provided by the courts.

The Brazilian backlog elimination plan in numbers and the possible impacts of the COVID-19 crisis

In the second half of 2019, the Brazilian Patent Office (BRPTO) started an ambitious plan to eliminate the backlog of unexamined patent applications. The aim of the project is to reduce 80% of the current backlog within two years. Up until March 2020, before the world COVID-19 crisis, the numbers were really impressive. The challenge now is to keep this progress going, while maintaining the examiners working 100% remotely.

Brazilian Senate postpones its national data protection law

On April3, the Brazilian Senate approved a Bill of Law (PL 1179/2020) with several emergency measures to deal with the COVID-19 pandemic in Brazil. The bill includes a specific rule that postpones the entry into force of the Brazilian General Data Protection Law, the LGPD.

The COVID-19 pandemic: are drug patents at risk?

It is still too early to determine when a vaccine against new coronavirus will be available. Even if renowned research centers and pharmaceutical companies could put their best efforts into developing a vaccine against COVID-19, it is obviously necessary to follow the correct clinical protocols to launch a safe and effective product in the market. Specialists say that it will take at least 18 months, which is an extremely optimistic prediction.

Damages for IP infringement - a true deterrent?

Under Brazilian law, the injured party in an infringement lawsuit can request compensatory damages in addition to obtaining a court order that the infringing practice be ceased. Such damages can be divided into two main categories: (i) moral damages, and (ii) material damages, which include actual damages and the loss of profit.

Ó, ABRE ALAS... To the official carnival sponsors

Our immersion in the virtual world is increasing each day. We talk to people, read news, make bank transactions, buy stuff and have fun through the Internet, i.e., we do things that were unimaginable in the recent past.

Ensuring Internet and Personal Data Privacy in a Virtual World, according to Brazilian Law

Our immersion in the virtual world is increasing each day. We talk to people, read news, make bank transactions, buy stuff and have fun through the Internet, i.e., we do things that were unimaginable in the recent past.

Thirty Years of the Brazilian Industrial Property Law (LPI): The Record Number of Trademark Applications before the Brazilian PTO and the Limits of the Current Trademark System

Brazil closed 2025 with a historic milestone in its industrial property system: over 500,000 trademark applications filed in a single year, according to data released by the Brazilian Patent and Trademark Office (INPI). This represents the highest volume ever recorded and a significant increase compared to the previous year.

Chapter 4 - Brazil Hot Topics in IP 2025: IP Litigation

Standard Essential Patents (SEPs): Brazil’s Consolidation as a Strategic Forum for Global Disputes

Disputes involving Standard Essential Patents (SEPs) have rapidly evolved into one of the most dynamic areas of IP litigation in Brazil. What was once a marginal jurisdiction for SEP enforcement has, particularly from 2024 onwards, evolved into a consolidated and strategically relevant forum within the global litigation and licensing landscape.

Chapter 3 - Brazil Hot Topics in IP 2025: Patents

BPTO’s Performance and Statistical Landscape in 2025

The 2025 data confirm a significant upward trend in the Brazilian innovation ecosystem. The Brazilian Patent and Trademark Office (BPTO) recorded 29,557 patent applications, representing a 6.7% increase compared to 2024. This growth reflects a stable economic environment—with Brazil’s GDP maintaining a steady 3.0% growth cycle—and a maturing IP culture.

Chapter 2 - Brazil Hot Topics in IP 2025: Trademarks

New Fee Schedule

On May 12, 2025, the BTO published Ordinance INPI/PR No. 10, dated May 9, 2025, establishing a revised fee schedule for services provided by the Office. This new fee schedule came into force on August 7, 2025, significantly affecting filing strategies and budgets, petitions, and other acts within trademark prosecution.

Synthetic personas: Navigating the new legal frontier of global advertising

As Generative AI (GenAI) transitions from a creative experiment to a core operational tool, multinational corporations are increasingly adopting "synthetic personas"—AI-generated human models—to power their marketing engines. For global brands, this shift offers unprecedented scalability and cost-efficiency. However, it also introduces a complex web of legal challenges across jurisdictions, thereby requiring a proactive and harmonized legal strategy.

Brazil: Early Production of Expert Evidence and Coordinated Expert Appointment as a Strategic Response to the Bifurcated Patent Litigation System

Brazil: Early Production of Expert Evidence and Coordinated Expert Appointment as a Strategic Response to the Bifurcated Patent Litigation System

Brazil’s patent litigation framework operates under a structural feature that profoundly shapes strategy: infringement and validity are adjudicated in separate judicial spheres..

Chapter 1- Brazil Hot Topics in IP 2025: Anti-counterfeiting and Online Brand Protection

Chapter 1- Brazil Hot Topics in IP 2025: Anti-counterfeiting and Online Brand Protection

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

Closing the Series: Digital Law in Brazil - Hot Topics | Risk, Innovation and Regulation

Closing the Series: Digital Law in Brazil - Hot Topics | Risk, Innovation and Regulation

Amid the various transformations experienced in the digital landscape, over the past month the article series “Digital Law in Brazil - Current Hot Topics”, written by different professionals from the firm Montaury Pimenta, Machado & Vieira de Mello, has sought to map the issues that have most mobilized legislators, courts, regulators, and legal practitioners in the field of Digital Law.

Brazil in the Global SEP Arena: Litigation and Enforcement Trends in 2025

Brazil in the Global SEP Arena: Litigation and Enforcement Trends in 2025

A more complex and strategic patent litigation landscape. Patent litigation in Brazil has undergone significant transformation over recent years, particularly in disputes involving Standard Essential Patents (SEPs). What was once a jurisdiction perceived as slow and procedurally rigid has become an increasingly strategic forum for SEP enforcement. This shift has been driven by procedural flexibility under the Brazilian Code of Civil Procedure, growing judicial familiarity with complex technology disputes, and the active role of specialised business courts.

RIO DE JANEIRO

Av. Almirante Barroso, 139 - 7º andar, Centro
Rio de Janeiro - RJ - Brasil, CEP 20.031-005
Tel: +55 21 2524-0510
E-mail: montaury@montaury.com.br

Montaury

SÃO PAULO

Av. Macuco, 726, 2º andar, Moema
São Paulo - SP – Brasil, CEP 04.523-001
Tel: +55 11 3706-2020
E-mail: montaury@montaury.com.br

IDIOMA / LANGUAGE