In Brazil, the software market is expanding rapidly. According to the recent numbers from the Brazilian Association of Software Companies (ABES), the national Information Technology market involved more than 49 billion dollars in 2020. In Brazil, software is mainly...
Blog
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...
Software related inventions in Brazil
Below we provide a brief overview of the respective approaches in patenting of software related inventions in the US and Europe, before providing some short information on the current practice in Brazil. Software can have diverse characteristics and elements and there...
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...
Brazilian DPA signs first international co-operation agreement with Spanish authority
In our recent posts, we have been following the developments in the ANPD (Brazil’s Data Protection Agency) highlighting updates and key developments over the last months. The ANPD has already opened several public consultations and produced useful guidelines to assist...
Following the latest developments in Brazil’s DPA
In our last post on this topic, we discussed recent developments in respect of the ANPD (the Brazilian DPA) and the LGPD (Brazil’s Data Protection law). Since our last post, the new law came into full effect, bringing with it strict penalties for companies’ that are...
How are digital influencers regulated in Brazil?
In Brazil, advertising is subject to different legal considerations based on Constitutional, Civil, Intellectual Property and Data Protection Law, amongst other areas. Cases related to advertising are dealt with before the Brazilian civil courts, as well as by the...
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...
What can 5G do for the gaming world?
The gaming industry has exploded in recent years and the gaming craze continues to spread across the globe. Further, diverse forecasts show that this is a trend of exponential growth, as it is one of the industries that will benefit most from 5G, a fifth-generation...
Revisiting the exhaustion of IP rights
A topic that has recently resurged is the exhaustion of IP rights and what it means for companies doing business internationally. This is due to the impacts of Brexit (see our recent post-blog on this topic) and what this means in terms of IP rights in the EU and UK....