Legal framework overview

Brazil’s IP legal framework is oriented towards protecting innovation and promoting fair competition, and the main statutes include:

• Industrial Property Law (Law No. 9.279/1996, Industrial Property Law)

• Copyright Law (Law No. 9.610/1998)

• Computer Program Protection Law (Law No. 9.609/1998)

• Plant Variety Protection Law (Law No. 9.456/1997)

• Relevant provisions on the prevention of unfair competition

The competent authority is the National Institute of Industrial Property (INPI – Instituto Nacional da Propriedade Industrial),
which reports to the Ministry of Development, Industry, Trade and Services (Ministério do Desenvolvimento, Indústria, Comércio e Serviços, MDIC).
Brazil is a member of WIPO, the PCT, the Madrid Protocol, the Paris Convention, the TRIPS Agreement and the Hague Agreement (in force since 2023).

International cooperation and system alignment

• Brazil is a full member of the WIPO, PCT, Madrid and Hague systems;

• It has established, together with USPTO, EPO, CNIPA, JPO, a PPH accelerated examination network;

• It is a member of the Latin American IP cooperation network (PROSUR);

• It shares interoperable databases (TMview / DesignView) with the European Union Intellectual Property Office (EUIPO);

• It further strengthens the alignment of IP standards through USMCA and EU–Latin America trade negotiations.

Trademark system

Application routes

• National trademark applications may be filed directly with INPI;

• Brazil may also be designated via the Madrid System (Madrid Protocol).

Classification standard

• Applies the Nice Classification for goods and services;

• Supports both single-class and multi-class applications (since 2020).

Examination procedure

• Formal examination: around 1–2 months;

• Substantive examination: around 8–12 months;

• Opposition period: oppositions may be filed within 60 days from the date of publication.

Use and renewal

• Registration term of 10 years, renewable indefinitely;

• Continuous non-use for 5 years may result in cancellation.

Examination features

• Examination language: Portuguese;

• Focus on distinctiveness and conflicts with prior rights;

• Active opposition system, allowing third parties to file oppositions;

• Online filing system: e-Marcas / INPI Portal.

Patent system

Types of protection and terms

• Invention patent (Patente de Invenção): 20 years from the filing date;

• Utility model (Modelo de Utilidade): 15 years from the filing date.

Examination mechanism

• Invention patents are subject to substantive examination;

• A request for examination must be filed within 36 months from the filing date;

• Average examination time is around 24–48 months.

International routes

• Brazil is a PCT contracting state; applicants may enter the national phase via the international route;

• Since 2019, Brazil has signed PPH accelerated examination agreements with offices such as the United States, Japan, Europe and China;

• Examination language is Portuguese, and translations of the specification in English or Spanish may be submitted.

System features

• Operates under the “first-to-file” principle;

• Supports divisional applications and priority claims;

• Annual maintenance fees are payable after grant to keep rights in force;

• Patent term adjustment (PTA) is available to compensate for examination delays;

• Patent disputes are handled by the Federal Regional Courts.

Industrial design protection

Legal basis

• Industrial Property Law (Law No. 9.279/1996), Articles 95–120.

Scope of protection

• Shape, ornamentation, lines, patterns and visual appearance of products;

• Covers both two-dimensional and three-dimensional designs.

Term of protection

• Initial protection of 10 years, renewable three times for 5 years each, up to a maximum of 25 years in total.

Examination procedure

• Examination period of around 6–12 months;

• Examination language: Portuguese;

• Only formal examination is carried out; creativity is not assessed.

System features

• A single registration is valid nationwide;

• Supports multiple designs in a single application;

• Since July 2023, Brazil has joined the Hague Agreement, allowing filings through WIPO’s International Design System;

• Official electronic platform: e-Desenho / INPI Portal.