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Navigating Brazil’s IP terrain

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What are the leading IP objectives and challenges that your corporation, or your industry, pursue and face in Brazil?

Knowing the answers to these questions beforehand is the most cost effective way of choosing the best IP rights in Brazilian Law and, consequently hitting the desired targets for the protection, monetisation and enforcement of these rights.

In a country as vast as Brazil, the options for IP protection are also wide-ranging.

Trademarks and domain names are a classic duo and, ideally, should be involved in the initial steps of your plans to enter the market. Brazil is a first-to-file jurisdiction and holds the fourth largest internet user base in the world, which makes owning specific domain names vital for reaching target consumers.

Your trademark filing strategy may be as broad as your needs, or your budget, and should never leave out your house mark and your blockbuster products and services.

However, for certain industries – such as those where there is heavy counterfeiting or those based on design or creativity – pursuing alternative forms of protection like copyright and designs can play an added role. Both are consistently upheld during enforcement actions and can be obtained in two to three months.

While the above may be in your everyday arsenal of IP protection, Brazil can still be a complex market. For example, ironclad contracts are a must, but they need careful harmonisation with local practice.

All in all, managing IP portfolios goes way beyond filings and requires a broad understanding of the IP owner and its industry-specific challenges.

Planning your protection strategy ahead using insights provided by IP business intelligence and market entry reports, data-driven portfolio reviews and combined online and offline enforcement or defensive measures are essential and can save a lot of money and time in the long run.

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