Intellectual property (IP) is the primary means for the creation and monetization of knowledge. Increasingly, intellectual property rights are becoming the universal currency of the global economy.
As a member of the World Trade Organization, Brazil has established intellectual property laws that meet minimum international standards. If you are planning to do business in Brazil, it’s essential that you understand how to register and enforce your intellectual property rights.
Types of Protected Intellectual Property in Brazil
Intellectual rights in Brazil are governed by a variety of laws and government agencies, so it’s important to consult an experienced intellectual property attorney when seeking to register intellectual property or enforce intellectual property rights.
The registration of copyrights for literary or artistic works is not necessary, but it is advisable. Protection of copyrights starts on the date the work is created and lasts for 70 years after the death of the author.
Brazil’s Industrial Property Law regulates trademarks and their protection of shapes, symbols, colors, trade names, and other things that identify the products and services of a business. Trademarks are protected for a term of 10 years that can be extended indefinitely for 10-year periods.
The Brazilian Patent and Trademark Office grants patents for inventions and “industrial property,” and “utility models” that demonstrate novelty, an inventive step, or an industrial application. There are many categories of inventions that are expressly excluded from being patentable. The term of patent protection lasts 20 years from the filing date, while protection for utility models lasts for 15 years.
The “first to file” principle is enforced under Brazilian patent law. That means if two individuals or corporations apply for a patent on an identical patentable invention, the first one to file is awarded the patent.
Registering Intellectual Property Rights in Brazil
To enjoy the protection of your intellectual property, each property must be properly registered. It is important to remember that before you can register intellectual property in Brazil, you must have formed your business, have adopted Articles of Incorporation for your company, and have received your tax ID number (CNPJ).
Enforcing Property Rights in Brazil
There are three avenues for enforcing intellectual property rights: arbitration, civil action, and criminal prosecution. As you can imagine, arbitration is not a common method of resolving intellectual property disputes. However, you can rely on the appropriate legislation and Civil Code to bring a civil action against the offender. Additionally, the law provides for criminal prosecution, but only after a search and seizure action successfully collects evidence of the infringement.
For foreign businesses, registering and enforcing intellectual property rights in Brazil can be a challenge. With the proper legal counsel, you can expect protections that are consistent with international standards.
