OUR TEAM

Rafael is a seasoned intellectual property litigator, practicing since 2005, with extensive experience in handling complex IP disputes across Brazil for Brazilian and international companies. He has been a partner at Daniel Law since 2012 and currently leads the firm’s Trademark Litigation and Brand Protection/Anti-Counterfeiting practices.


Certified by the Brazilian Bar Association (OAB) in Rio de Janeiro and Sao Paulo, with nationwide practice, Rafael actively participates in the International Trademark Association (INTA), contributing to its committees.

Holding a specialization in Civil Procedural Law from PUC-Rio and an LL.M. degree in Litigation from FGV-Rio, Rafael is the author of numerous academic publications focused on IP enforcement, including topics such as preliminary injunctions in industrial property cases, damage recovery for IP infringement and judicial review of administrative decisions by the Brazilian Patent and Trademark Office (INPI).


Rafael leads one of Brazil’s most impactful anti-counterfeiting practices, coordinating enforcement programs in partnership with law enforcement agencies. These initiatives result in 1 to 2 million seized products annually, disrupting the counterfeit market with an estimated impact of USD 15–30 million per year. His clients include major global brands in the fashion, electronics, and entertainment industries.


Throughout his career, Rafael has represented clients in hundreds of judicial and extrajudicial disputes, including dozens of highly complex, high-stakes and leading cases that have helped shape IP jurisprudence in Brazil. Highlights of his practice include:


• Securing preliminary injunctions in several cases to protect and enforce the trade dress of a video game controller against imitation and generic products. Thereafter, to complement the trade dress protection, successfully obtained the judicial recognition and registration of a corresponding 3D trademark—in a landmark case in Brazil that challenged and overcame the Brazilian Patent and Trademark Office’s (INPI) strict criteria for examination of 3D mark applications, which historically resulted in over 80% refusal rates.
• Leading the enforcement of the trade dress of a product line (consisting of multiple models) of children’s backpacks, which were being imitated by competitors. The infringing products were removed from the market, and the defendants were ordered to pay damages for the unauthorized imitation.
• Filing and conducting an enforcement action for misappropriation of trade secrets related to the construction of a manufacturing plant in the chemical industry, involving confidential technical and industrial data.
• Enforcing industrial design registrations and product trade dress in the personal care sector against a direct imitator. The dispute was resolved through a settlement agreement, which included strict non-compliance penalties—ultimately resulting in the payment of over USD 4 million in fines due to breach of the agreed terms.
• Leading the criminal enforcement of copyrights related to circumvention devices of electronic products in a leading case originated from the famous “Operation 404” with Brazilian law enforcement authorities.
• Successfully overturning BPTO’s (INPI) decisions that had previously denied trademark protection to one of the most important brand families in the cosmetics sector on the grounds of descriptiveness (absolute grounds). Rafael demonstrated both the fame and secondary meaning of the marks, securing their judicial registration. He subsequently enforced those rights to remove several competitors from the market, including through the cancellation of their existing registrations at the INPI.
• Obtaining a flexible interpretation of the high renown status of a weak trademark from the telecom industry, allowing for the coexistence with a similar mark belonging to a major global technology company.
• Co-authoring an innovative enforcement strategy that leveraged injunction actions enabled by Brazil’s 2015 Civil Procedure Code to pursue swift and effective judicial relief in industrial property infringement cases. This strategy allowed for rapid dispute resolution, often within just a few months, and was particularly successful in trademark infringement cases involving the entertainment and electronics sectors.
• Obtaining the cancellation of a trademark registration granted over 20 years earlier (overcoming the expiration of the limitation period) for handbags that copied an iconic brand in the fashion and publishing industries, alongside a court order prohibiting further use of the infringing brand, based on a presumed bad faith argument.
• Recovering, in a matter of months, a domain name for a prominent electronic betting brand, which had been unlawfully retained by former Brazilian licensees.
• Recovering multiple trademark registrations wrongfully obtained by former Brazilian licensees of major global companies in the fashion and publishing industries, reestablishing rightful ownership and market control.
• Acting in numerous cases involving the enforcement of post-contractual obligations, including non-compete clauses, royalty payments, and contract termination actions, especially in disputes involving franchise and licensing agreements in the food and fashion sectors.


Rafael has been consistently recognized among Brazil’s top IP litigators by international directories, including WTR 1000 and Leaders League. These publications highlight his expertise and impact in the field:


o “Rocha is a civil litigation expert with ‘an efficient and economic approach to task handling and a unique ability to develop thoughtful arguments”
o Rocha brings strong leadership as head of the brand protection and trademark litigation department”
o “He has spearheaded the firm's cooperation with local police to carry out the seizure of illegal products”
o “Litigious nous is supplied in abundance by Rocha as he heads up the trademark litigation and anti-counterfeiting teams. His work collaborating closely with local law enforcement to combat the proliferation of counterfeit goods continues to garner widespread acclaim.”