The Brazilian Federal Revenue (RFB) has published a new Interpretative Declaratory Act (ADI No. 03/2025), marking a significant advancement in Brazil’s efforts to combat the entry of counterfeit products and strengthen the protection of intellectual property rights at the border.
The Act harmonizes the interpretation of the Customs Regulation and expressly authorizes the retention and forfeiture of goods suspected of being counterfeit, bearing altered or imitated trademarks, or containing false indications of origin—even when such findings are based on information and evidence submitted by trademark owners through administrative procedures, without the need for a judicial order.
Although many customs units already applied this understanding in practice, some authorities had continued to require brand owners to initiate court proceedings to validate seizures, creating unnecessary costs and delays in preventing illegal goods from entering the Brazilian market. The new Act standardizes the procedure nationwide.
The ADI further clarifies that when imported goods violate public-law interests—such as public health, consumer protection, national security, environmental protection, and fair competition—the customs authority must apply the penalty of forfeiture, in accordance with Decree-Law No. 37/1966 and the Brazilian Customs Regulation.
Importantly, the Act states that these administrative measures do not violate the TRIPS Agreement, as they fall within the realm of public law and national interest, areas in which the State holds sovereign authority. The Act also refines the role of trademark owners in the process: if the owner does not initiate judicial seizure proceedings within the legal deadline, the Federal Revenue may request additional evidence or information that preliminarily supports the suspicion of infringement. This mechanism reinforces legal certainty for customs authorities and ensures that the absence of a judicial request does not hinder actions aimed at protecting the public interest against illegal products.
The new framework increases legal and procedural certainty, expedites procedures, streamlines administrative enforcement, and strengthens Brazil’s border-control mechanisms—ultimately benefiting brand owners, consumers, and market integrity. In addition, it may encourage authorities to intensify their efforts in combating counterfeiting, promoting enforcement actions and inspections.
Such innovations also tends to positively impact the retentions in which Daniel Law provides support to the authorities, creating a more favorable environment for identifying and disrupting the flow of counterfeit goods. Recent experience demonstrates this potential: so far in 2025, we were notified by authorities of 43 seizures, which resulted in the removal of more than 785,000 counterfeit products from infringers’ supply chains – figures that are likely to increase with the consolidation of clearer, faster, and more legally secure procedures.
We remain available to discuss the implications of this Act, support your customs monitoring strategies, and assist in designing effective brand-protection measures under the updated regulatory landscape.
Official publication:
https://www.in.gov.br/web/dou/-/ato-declaratorio-interpretativo-rfb-n-3-de-3-de-dezembro-de-2025-673003384