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Patent Protection and Intellectual Property Enforcement in Brazil

Guidelines for Entrepreneurs

Which intellectual property objects are protected and where are they registered

State registration is not required

  • Copyrights
  • Related Rights
  • Industrial Secrets & Repression of Unfair Competition
  • Traditional Knowledge

Voluntary registration

Copyrights (voluntary registration) can be registered with:

Mandatory state registration

Registered by National Institute of Industrial Property (INPI)

Registered by Ministry of Agriculture and Livestock (MAPA)

How to find a patent attorney?

You can find a registered patent attorney through the Brazilian Association of Industrial Property Agents (ABAPI)

International filing systems

International filing systems provide a unified registration procedure that allows an applicant to file a single application and subsequently obtain legal protection for IP objects in the designated member states.
Hague System
Madrid System
Patent cooperation treaty (PCT)
The official WIPO website

IP Objects

INVENTIONS
Read more
UTILITY MODEL
Read more
INDUSTRIAL DESIGNS
Read more
TRADEMARKS
Read more

Stages of Registration at the National Institute of Industrial Property (INPI)

Filing an application
The application is submitted online through the INPI portal. If the applicant is not domiciled in Brazil, they must be represented by an attorney residing in Brazil
Formal examination
INPI checks the application for compliance with formal requirements. If requirements are identified, the applicant is given a deadline to comply (e.g., 5 days for trademarks)
Publication
The application is published in the Industrial Property Journal, which starts a period for third-party opposition (e.g., 60 days for trademarks)
Substantive examination
INPI examines the application for compliance with substantive requirements (e.g., novelty, originality, distinctiveness)
Decision
INPI issues a decision to grant or deny the application. This decision may be appealed to the President of INPI (e.g., within 60 days)
Registration & Grant
Upon a positive decision, the right is granted and the certificate is issued

IP Objects Comparison and Fees

Parameter

Trademark

Patent (Inventionor IP)

Patent (Utility Model or MU)

Industrial Design

Registration

Mandatory

Mandatory

Mandatory

Mandatory

Term of protection validity

10 years, renewable for periods of another 10 years, with no time limit

20 years

15 years

10 years, counted from the filing date, and may be extended for up to 3 periods of 5 years, totalling a maximum of 25 years

Maintenance / Renewal

Renewable indefinitely for 10-year periods.

-

-

Extendable for up to 3 periods of 5 years (max 25 years).

International systems

Madrid Protocol

PCT

PCT

Hague System

Legal sources

Law No. 9.279/1996

Law No. 9.279/1996

Law No. 9.279/1996

Law No. 9.279/1996

1. Terms of Protection validity of other IP Objects

Geographical Indication

No time limit

Computer Program

50 years, counted from January 1 of the year following its publication or, failing that, its creation

Integrated Circuit Topography

10 years from the filing date or the date of first exploitation (whichever comes first)

Copyrights

70 years, counting from January 1 of the year following the author’s death

Plant Variety Protection

15 years for plant variety in general; 18 years for vines, fruit trees, forest trees, ornamental trees, and their rootstocks
2. Links to Fees
Fees for services at INPI are established by ordinances. The current table is valid until August 06, 2025:
Ordinance No. 516 of September 24, 2019

From August 07, 2025, a new table will be valid:
Ordinance GM/MDIC No. 110 of May 5, 2025

Measures to Prevent Infringement of Intellectual Property Rights

Register the rights properly:

Ensure all IP rights are registered with the INPI to provide the legal foundation for protection and enforcement

Monitor and maintain the rights:

Regularly monitor the market and INPI filings to detect possible infringements or confusingly similar applications. Keep all registrations and records updated, including renewals and changes in ownership or licensing

Use protective Marks:

Use clear notices (®, (c)) to indicate ownership. Incorporate overt and covert features in products to help distinguish genuine goods from counterfeits

Register with enforcement databases:

For trademarks, it’s possible to register in the National Directory to Combat Trademark Counterfeiting managed by INPI. This assists customs and law enforcement in identifying counterfeit goods at borders

Unregistered IP Rights Enforcement and Protection

For unregistered IP rights in Brazil, protection is more limited, but mechanisms exist for specific objects
Copyright

  • Protection measures:
Copyright is automatically protected upon creation without registration. However, registration facilitates proof of authorship and creation date in legal proceedings

  • Enforcement:
  1. Gather evidence of authorship and infringement (document creation, unauthorized reproduction).
  2. Send an extrajudicial notice to the infringer requesting the immediate cessation of unauthorized reproduction or use.
  3. If ignored, file a lawsuit to obtain a court order to stop the infringement (preliminary injunction), claim compensation, and request the seizure and destruction of illegal copies.
  4. File a criminal complaint with the police or public prosecutor's office, as copyright infringement can be considered a crime.

Well-Known Marks

  • Protection measures:
Marks recognized as well-known by the public can receive protection against imitation or dilution based on their reputation and distinctiveness, even if unregistered

  • Enforcement:
This protection often requires judicial recognition or INPI acknowledgment

What to do in case of infringement?

Step 1

Gather Evidence

Collect samples, photographs, and documentation of the infringing activity

Step 2

Send an extrajudicial notification

It’s possible to issue a cease-and-desist letter to the infringer, demanding the cessation of infringement and compensation for damages. This step is often taken before filing a lawsuit

Step 3

Administrative actions

It’s possible to file oppositions or nullity actions before INPI to challenge infringing registrations or applications

Step 4

Judicial actions

It’s possible to file a civil lawsuit seeking an injunction to stop the infringement and claim material and moral damages. It’s also possible to request a preliminary injunction (court order) for immediate cessation of the infringing activity

Step 5

Criminal actions

Besides the civil lawsuits, in case of counterfeiting or willful infringement it’s also possible to file a criminal complaint with the police or public prosecutor’s office

Step 6

Border measures

It’s possible to request the seizure of infringing goods by customs authorities, especially if registered in the enforcement database

Main National IP Laws

Law No. 9.279 of May 14, 1996 (Law on Industrial Property, as amended)
Law No. 11.484 of May 31, 2007 (Law on Integrated Circuit Topographies, as amended)
Law No. 9.610 of February 19, 1998 (Law on Copyright and Neighboring Rights, as amended)
Law No. 9.456 of April 25, 1997 (Plant Variety Protection Law, as amended)
Law No. 9.609 of February 19, 1998 (Software Protection Law)
Full list of IP laws in Brazil:
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