INTELLECTUAL PROPERTY RIGHTS IN BRAZIL
Opposition Term |
60 Days |
Registration Term |
10 Years |
First Renewal Term |
10 Years |
Subsequent Renewal Term |
10 Years |
The Law No. 9,279 of May 14, 1996 ('The Brazilian Industrial Property Law') forms the legal basis for trademark registration in Brazil.
Brazil is a member of the Paris Convention for the Protection of Industrial Property, Madrid Protocol, and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).
For getting a trademark registered in Brazil, an application has to be filed with the Brazilian Patent and Trademark Office (BPTO).
Trademark protection is obtained by registration in Brazil.
Brazil follows the 11th edition of Nice Classification. Multi-class trademark applications are not acceptable.
The third parties can file opposition actions against a trademark application within sixty (60) days following its publication date in the official gazette.
In Brazil, registered trademarks have a validity of ten (10) years from the date of registration, which can be further renewed indefinitely for successive periods of ten (10) years each.
The grace period to renew a trademark after the date of expiry is six (06) months.
The term for cancellation of a registered trademark based on non-use is five (05) years from the date of registration.
Brazil is a member of the Paris Convention for the Protection of Industrial Property and the Patent Cooperation Treaty (PCT).
The Brazilian Industrial Property Law (Federal Law 9,279 of 14th May 1996) (IPL) deals with the mechanism of patent protection in Brazil.
For seeking patent protection in Brazil, an application has to be filed with the Brazilian Patent and Trademark Office (BPTO), which administers the entire process of patent grant.
In Brazil, an invention that satisfies the conditions of novelty, inventive step, and industrial applicability, subjects to patentability. Process patent and product patent are the two types of patents that can be protected.
The types of patent applications that can be filed include Non-Convention Application, Convention Application, PCT National Phase Application, Divisional Application, and Patent of Addition.
The time-frame for PCT national phase filing is thirty (30) months.
In Brazil, an opposition against a patent application can be raised at the pre-grant stage any time before the final decision of grant or rejection is taken and also at the post-grant stage within six (06) months of patent grant.
The patent of invention lasts for twenty (20) years in Brazil. The first annuity will be due in the 2nd year, and the last annuity will be due in the 20th year. The payment of annuities must be made three (03) months before the due date. There is a grace period of six (06) months for the payment of annuities.
The Brazilian Industrial Property Law (Federal Law 9,279 of 14th May 1996) (IPL) governs and deals with the mechanism of registration of industrial designs in Brazil.
For getting an industrial design registered in Brazil, an application must be filed with the Brazilian Patent and Trademark Office (BPTO).
The types of industrial design applications that can be filed in Brazil include Non-Convention Application and Convention Application.
Utility model protection isn't provided under industrial design protection in the nation.
The total duration of industrial design registration in Brazil is twenty-five (25) years from the date of application. The initial registration term is ten (10) years, which is further extendible for three (03) terms of five (05) years each upon payment of the renewal fee.
A third party may try to invalidate a registered design by bringing an administrative nullity procedure. This action may be attempted within five (05) years of granting the design.
There is no time frame for payment of the renewal fee before the due date.
There is a grace period of six (06) months to renew a registered industrial design.
Brazil is a signatory to the Berne Convention for the Protection of Literary and Artistic Works and the TRIPS Agreement.
Copyright protection is regulated in Brazil by Law No. 9,610 of 19th February 1998 (the Copyright Act). The Brazilian Criminal Code (Decree-Law No. 2,848 of 7th December 1940) also contains some specific provisions about copyright.
There is a system for copyright registration in Brazil, and the author of the work has the option to register it; however, it is not mandatory to register for enforcing the copyright against a third-party. Copyright protection in Brazil exists independently of the registration.
The standard copyright protection term lasts for the lifetime of the author plus seventy (70) years counted from 1st January of the year following his death. However, the duration of copyright protection varies depending on the type of work.
Copyright in audiovisual and photographic works lasts for seventy (70) years from disclosure.