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Doing business abroad: Protecting your IP in Brazil

From: Canadian Intellectual Property Office

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Doing business abroad: Protecting your IP in Brazil

Intellectual property (IP) is a valuable asset that can support your business expansion abroad. A Canadian patent, trademark or industrial design does not secure your rights outside Canada. You should consider obtaining IP protection in the countries where you plan on doing business, including selling products online or manufacturing products overseas.

Brazil is one of Canada's largest trading partners in South America. More than CAD 6 billion in goods and services are exchanged between the 2 countries annually.Footnote 1 Given the significance of the Brazilian market, it is important to know how to recognize, register and enforce your IP rights in Brazil. For the most part, the protection and registration process for IP in Brazil is similar to that in Canada. However, there are certain differences that you should familiarize yourself with by reading this guide.

In Brazil, you can apply for invention patent, utility model patent, trademark, copyright, industrial design, geographical indication, computer program and plant breed protection. If you wish to enter the Brazilian market or are already doing business in Brazil, you should apply to protect your IP rights as soon as practicably possible. Though foreign applicants must be represented by a Brazilian patent attorney or agent, a Canadian IP professional may be able to coordinate work with an IP professional based in Brazil.

Where is IP registered?

Brazil's National Institute of Industrial Property (INPI) is the agency responsible for the administration and registration of patents, trademarks, geographical indications and industrial designs.

Applications for patents, trademarks and industrial designs can be filed electronically on the INPI website (in Portuguese only). The website also has online searchable databases of patents, trademarks and industrial designs. A good first step is to search existing IP to check whether your anticipated IP use may conflict with or infringe on someone's prior rights.

Trademarks

Patents

Comparison between patents and utility models in Brazil
  Patents Utility models
Requirements Novelty
Inventive step
Industrial application
Novelty
Inventive act
Industrial application
PCT application national phase 30 months 30 months
Publication 18 months from the date of filing or oldest priority 18 months from the date of filing or oldest priority
Validation Up to 20 years (from the filing date)
Up to 15 years (from the filing date)

Industrial designs

Copyright

IP enforcement

There are several ways to enforce your rights against unauthorized use of your IP in Brazil:

Tips: Important notes

Related information

*The information provided above is meant as an educational resource only and should not be construed as legal advice.


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For permission to reproduce the information in this publication for commercial purposes, please fill out the Application for Crown Copyright Clearance or contact the ISED Citizen Services Centre mentioned above.

Ⓒ Her Majesty the Queen in right of Canada, as represented by the Minister of Industry, 2020

Aussi offert en français sous le titre Protéger votre PI au Brésil.

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