IP in Brazil
Information to help you protect, manage and enforce your intellectual property (IP) rights in Brazil.
This page provides practical information to help you make the most of your IP when doing business in Brazil.
If you plan to do business in Brazil, or if you are already trading there, it is essential to know how to manage and enforce your IP as private property rights.
British businesses looking for access to intellectual property advice and support should contact our Brazil IP Attaché, based in the Consulate General, Sao Paulo.
The National Institute of Industrial Property (INPI) is the body responsible for operating the patent, utility model, industrial design and trade mark system in Brazil.
The Copyright Office of the National Library is the main registration authority of copyright.
The information on these sites, however, is predominately in Portuguese.
Trade marks
The Brazilian trade mark system is similar to the UK’s. Trade marks protect symbols, colours or other devices used to identify a business’s products or services. A trade mark is valid for ten years, then may be renewed indefinitely for further ten-year periods.
To protect a trade mark in Brazil you have two options:
- Apply through a representative (e.g. a trade mark attorney) directly to INPI. Any applicant from outside Brazil must apply through a qualified attorney.
- Make an international trade mark application and select Brazil as a designated country. The international application route can be quicker in Brazil as it imposes an 18 month deadline to evaluate your request. More information on international trade mark can be found in the international trade mark protection page.
Good to know
Documents submitted to INPI must be in Portuguese or provide a translation within 60 days.
Patents
Like in the UK, patents for inventions can be protected for up to 20 years in Brazil. Brazil also provides protection for utility models for up to 15 years. Utility models are sometimes called “mini-patents” and require a lower level of inventiveness. All patent rights in Brazil are subject to the payment of annual fees after they’ve been granted.
To protect your innovation with a patent in Brazil you have two options:
- File an application through a representative (e.g. a patent agent) directly to INPI.
- File an international patent application and select Brazil as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. More information on international patents can be found in the international patent protection page.
Good to know
Brazil operates a ‘first to file’ principle. If two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent.
Ensure that your patent application is translated accurately into Portuguese when filing in Brazil.
INPI currently has a large backlog of patent applications, this can lead to significant delays in granting patents.
Designs
In Brazil, you can protect the appearance, shape or configuration of your product by applying for an industrial design right at INPI. If your application meets the legal requirements (for novelty, originality and is able to be reproduced at scale), it will be registered immediately.
Good to know
The registration for an industrial design is valid for 10 years from the filing date and can be extended for three consecutive five-year periods.
Copyright
As in the UK, copyright is an automatic right under Brazilian law.
Copyright in Brazil protects original artistic, literary and scientific expressions, text, music, works of art such as paintings and sculptures, as well as technological works, for example, computer programs and electronic databases.
As a general rule, the Copyright Law sets the duration of economic rights for a period of 70 years counted from 1 January of the year following the author’s death.
Good to know
Although protection is automatic, you may want to register your work with the Copyright Office of the National Library in Brazil. Registration is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authority.
Enforcing your rights
If you believe that someone is using or benefitting from your IP rights without your consent, it is advisable to seek legal advice at an early stage.
Issues with IP infringement can often be dealt with directly with the alleged infringer. For example, using mediation, ‘cease and desist’ letters or through a licensing arrangement. If you do choose to take legal action, there are two main levels at which IP rights may be enforced in Brazil:
(a) Civil action - a legal expert will be able to help you navigate the court system and build a civil case against someone infringing your IP rights. You may be able to use this route to stop the person or business using your IP and seek compensation for damages. Brazil has no specialist IP courts, so ordinary civil courts deal with IP cases.
(b) Criminal prosecution - some infringement actions may also constitute a criminal offense under Brazilian law. A criminal complaint must be preceded by a search and seizure action, which aims to collect evidence rather than halt the infringement. You may wish to seek legal advice for further information on the process.
More information
The IPO provides more specific information on registering and protecting your IP in Brazil.
Visit these pages for more information about doing business in Brazil and to report a market access barrier on IP in Brazil.