On December 28, former Brazilian President Jair Bolsonaro sanctioned Law 14,510 , authorizing the practice of telehealth across Brazil, and revoking the previous rules regulating the discipline. In our last post on the subject, we discussed how the Brazilian Ministry...
Intellectual Property
Industrial Design: Brazil prepares for accession to the Hague Agreement
This year, Brazil is progressing with its proposal to join the Hague Agreement on International Registrations of Industrial Designs. The move is part of a bigger strategy to align the country with leading nations in terms of intellectual property matters, and the...
Brazil to provide new framework on telehealth
According to a recent study, the global telehealth market grew to USD 144,38 billion in 2020, which represents growth of 135.2% on the 2019 average. In Brazil, revenue in the digital health market (including different technologies such as health apps, wearable...
Icons and your IP rights – 8 tips for ensuring greater protection
Icons that identify applications are the new distinguishing signs of today. They are used to facilitate our navigation on smartphones and computers. There can be little doubt that icons have a distinctive function. However, is it possible to protect application icons...
10 Common questions on Trademark Enforcement in Brazil
Are you interested to learn about some of the particularities of Trademark enforcement in the Brazilian courts? Here we take a look at 10 common questions that people routinely want answered when looking to Brazil as a potential country to expand their trademark...
What you need to know about franchising in Brazil
Brazil’s franchise market, which is the 6th largest in the world (in terms of franchise units) and 5th (in terms of franchise chains), has been growing impressively over the last decades. According to a recent study by the International Trade Association of the US...
Top 7 questions on patent prosecution and opposition in Brazil
Are you interested to learn about some of the particularities of patent prosecution and opposition in Brazil? Here we take a look at 7 “introductory questions” that people routinely want answered when looking to Brazil as a potential country to expand their patent...
New Brazilian tax rules for remittance of IP royalties abroad – time to change your contractual arrangements?
In December 2021, Brazil introduced sweeping changes to its legal framework on foreign exchange (under Law 14.286/2021). In addition to various important changes regarding the use of the Brazilian currency in foreign markets, the new law brings a fresh approach for...
Brazil — new national action plan to combat piracy approved
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...
Using empirical research to understand Brazilian IP practice
The discussion on using empirical research for law is not a new one. In fact, the term “Jurimetrics” was already in frequent use in the US during the 1960s, when computers started to have a more radical effect on legal research capabilities. So, what is jurimetrics?...
Industrial Designs: a brief overview of Brazilian practice
In a recent article, we highlighted how recent changes and improvements to the examination standards related to design applications in the Brazilian PTO could increase its use in IP protection strategies in future. Since many companies are still unaware of the...
A look at recent innovation and technology measures in Brazil
Last month, the World Intellectual Property Organization (“WIPO”), together with institutional partners, released its 14th Global Innovation Index (“GII”) report. In this post, we briefly look at Brazil’s position in the index and some of the ongoing initiatives that...
Brazil: tackling patent infringement in the courts
Brazil is the second largest country in the Americas, both in terms of GDP and population. The Brazilian Industrial Property law (Law 9279/1996) governs all areas of IP (patents, trademarks, designs, unfair competition, etc.) and also sets out important procedures and...
Brazilian PTO creates new rules for position marks
On 21 September, the Brazilian PTO published a new rule, providing for the registration of trademarks in the form of a position mark. This is good news, as it brings the country in line with other jurisdictions that already accept this type of registration...
Brazilian PTO annuls patent for CBD based drug
In a decision published on 27 July, the Brazilian PTO annulled the patent for the drug Myalo, a CBD based medicine marketed by the company Prati-Donaduzzi. As discussed in our previous article on the subject of Patents for Cannabis Products in Brazil, Prati-Donaduzzi...