Brazil

Roberta Arantes of Daniel Law looks at how the Brazilian legal landscape has responded to shifts in the concept of branding and its related levels of protection

Kene Gallois and Guilherme Coutinho of Daniel Law explain how the success of the plan will pave the way for Brazil to attract further investment and opportunities

André Oliveira of Daniel Law considers how IP infringement and brand protection has evolved in Brazil amid the pandemic

Carolina Schueler of Daniel Law discusses why naming rights and sponsorship deals could be a profitable two-way partnership that may last for decades

Rafael Salomão Romano and Samantha Salim of Daniel Law outline how the instructions will improve transparency and accountability in the Brazilian pharmaceutical patent scene

In view of its very large territory, Brazil has always faced many challenges implementing a successful anti-counterfeiting programme. Lack of a uniform approach and the absence of a political will to tackle IP infringements on a large scale were some of the problems that held IP owners back in the past.

The Brazilian Patent and Trademark Office recently announced three new fast-track options for the examination of patent applications, which are already in effect. These new fast-tracks are available for: (i) applications covering “technologies already available in the [Brazilian] market”; (ii) applications filed by local startups; and (iii) applications for “technologies resulting from [Brazilian] public funding.”

Robert Daniel-Shores and Fábio Leme of Daniel Law examine lower courts’ interpretation of non-binding STJ decisions on injunctive relief in trade dress disputes

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

It is not uncommon to hear that design protection is often underestimated or even forgotten compared to other forms of IP, like trademarks, patents, and copyright. In Brazil, that seems to be the case when you compare the average of 6,000+ design applications filed annually, with the 245,000+ trademarks and 28,000+ patents filings.

Brazil is one of the newest members of the Madrid Protocol. It has been part of the protocol since October 2 2019. An international system was long overdue and less than 10 months in it has received 5,500+ BR designations, covering 13,300+ classes.

Brazil's legal system provides several options for IP owners to enforce their rights. Trade dress protection is not expressly foreseen in our law but falls within general unfair competition rules which basically forbid competitors to fraudulently divert third parties' clientele.