In a recent post, we discussed how Brazil’s Anti-counterfeiting Council (CNCP) recently met with other government entities and stakeholders, suggesting new studies on piracy and the related socio-economic impacts.
The meeting also involved the reformulation of the National Plan to Combat Piracy, based on the Government’s recent National Intellectual Property Strategy (ENPI).
Following this, on 3 December 2021, the Brazilian Ministry of Justice and Public Security, together with the National Secretariat for Consumer Affairs (SENACON), approved the new national plan to combat piracy, smuggling, tax evasion and intellectual property offenses.
Through Resolution No. 3 of December 3, 2021, of the National Council to Combat Piracy and Intellectual Property Crimes, short, medium and long-term goals were created, ranging from awareness initiatives to measures for the effective combatting of piracy.
Piracy making headlines in Brazil
These new measures come at a crucial time in Brazil, with piracy and counterfeiting matters often stealing the national headlines.
A recent report by the National Forum Against Piracy and Illegality (FNCP) describes how in 2020 Brazil lost about R$287 billion to the illegal market.
This report considers 15 industrial sectors (among these clothing, perfume, medicine, streaming platforms, cable TV, and even counterfeit luxury cars) and estimates the taxes that were not collected due to the illegal activities.
The report also finds that in 2020, more than 2.6 billion fake products were seized across the country (1.8 million in São Paulo State alone).
This number was quite low when compared to 2019, due to the conditions under the pandemic, but in 2021 the seizures of pirated goods have again been growing exponentially across the country.
The national plan to combat piracy
The National Plan to Combat Piracy has had broad participation by stakeholders during its elaboration (including through public consultation processes).
It will last for four years (between 2022-2025) and encompasses 62 targets with short, medium and long-term actions envisioned.
While it will focus heavily on combating digital piracy, it also includes activities related to piracy at physical locations.
The plan is structured around four axes of government action: Institutional, Prevention and Protection, Training and Educational measures.
The proposed actions under the plan will include, for example, creating specialized police units in the fight against piracy, making key legislative improvements, new projects to improve the capability to repress infringements against intellectual property, and training / educational initiatives related to combating piracy.
What’s next?
From the above, it can be seen that the Brazilian government has been taking significant measures to tackle counterfeiting and piracy across the national territory.
Meanwhile, companies doing business in Brazil can take initiative to develop clear due diligence procedures, adopt protection measures and apply best practice models with the help of anti-counterfeiting experts.
At Daniel law, we have unrivalled expertise in piracy and anti-counterfeiting matters (including in civil litigation, police raids, online brand protection, border controls and customs training). In 2021 alone, Daniel coordinated 62 raids, leading to the seizure of 905,411 counterfeit products across 16 different states.
In addition to leading such enforcement actions across the country, we monitor all the latest developments in relation to piracy and counterfeiting, including new industry standards, legislation, and decisions by the courts.
If you have any questions on this topic please do not hesitate to reach out to us.