Arquivos do Mês: February 2025

The Legal Framework for Electronic Games introduces a new form of industrial protection for video games in Brazil, allowing their registration under the Industrial Property Law (LPI). This legislative change raises debates regarding its adequacy, considering that video games combine technical and creative elements and have traditionally been protected under copyright law.

Legislative Changes and Impacts

The new framework modifies existing laws, including the LPI, by classifying video games as assets eligible for industrial protection. Until now, games have been recognized as computer programs and are protected under copyright law. This change raises questions about the applicability of industrial registration to a product whose nature predominantly aligns with copyright protection.

Regulatory Challenges

The implementation of this new approach may create legal uncertainties. The Brazilian Patent and Trademarks Office (BPTO) will establish the criteria for video game registration. However, it remains unclear whether this registration will follow models similar to patents and industrial designs or if it will be treated differently. Additionally, the lack of international precedents for this type of protection places Brazil in a unique position on the global stage.

Possible Consequences for the Industry

The Legal Framework for Electronic Games may bring benefits, such as a more structured environment for protection and incentives for the industry. However, the lack of clear definitions regarding the practical application of this new form of protection may create challenges for both developers and gaming companies. BPTO’s regulations will be a key factor in ensuring legal certainty and the effectiveness of this new protection format.

With the enactment of this new legislation, the industry awaits BPTO’s guidelines to understand its concrete impacts on the protection of video games in Brazil. The topic remains under discussion, and future regulations will be essential in defining the effectiveness of this measure.

Tavares IP offers specialized guidance for more information on protecting intellectual property assets in the gaming industry.

The study “The Economic Contribution of Intellectual Property Intensive Industries in Brazil,” presented at the IP Key LA Summit 2025, highlights the significant impact of intellectual property (IP) industries on the Brazilian economy. Between 2020 and 2022, these industries accounted for 39.7% of formal employment in Brazil, showing a notable increase from the 38.7% recorded in the previous period (2017-2019).

In addition to their crucial role in generating jobs, companies investing in trademarks, patents, and copyrights offer considerably higher salaries. Workers in these industries earned, on average, 30.5% more than those in other sectors, reflecting the high level of skill demanded by the IP market.

Growth in Exports and Contribution to Brazil’s GDP

These industries also demonstrated significant growth in Brazilian exports, increasing from 11% to 13.3% between 2020 and 2022, reinforcing Brazil’s global relevance in the intellectual property market. Their contribution to Brazil’s Gross Domestic Product (GDP) was equally significant, representing 50.2% of the GDP in the past two years, surpassing the 48.3% contribution in the previous period.

Growth of Green Patents and Sustainability

A key highlight of the report is the performance of sectors related to green patents that involve sustainable technologies. These sectors posted a commercial surplus of USD 18 billion in the last three years, emphasizing the role of innovation and trademark and patent protection as drivers of economic growth.

The Importance of Intellectual Property Law Enforcement

Moreover, the practical application of intellectual property laws is seen as crucial for ensuring the protection of these industries. Initiatives like Operation Creta II and Operation 404, which resulted in the seizure of more than 11 million illicit products and the blocking of 675 illegal websites and apps, highlight the importance of international cooperation and the strengthening of IP protection networks. In Brazil, the Federal Police dismantled criminal groups smuggling counterfeit cigarettes, with an estimated loss of USD 250 million.

Opportunities for International Firms in the Brazilian Market

This report underscores Brazil’s strategic position as a market for intellectual property investments, especially for firms seeking new growth opportunities in a dynamic and innovative economic environment.

Follow Tavares IP’s blog updates for more information on the opportunities and challenges in Brazil’s IP landscape.

Brazil is strengthening its efforts against digital piracy and cybercrime by adding 393 illegal websites to Wipo Alert, a World Intellectual Property Organization (WIPO) monitoring system. The National Council submitted the list for Combating Piracy and Intellectual Property Crimes (CNCP), an entity under the National Consumer Secretariat (Senacon) of the Ministry of Justice and Public Security.

This initiative aligns with previous law enforcement operations that blocked hundreds of illegal websites and apps, such as Operation Redirect and Operation 404. In addition to distributing copyrighted content illegally, these sites expose millions of consumers to fraud, data theft, and cyberattacks. They also host a high volume of illegal gambling advertisements, mainly targeting children and young people.

The list’s inclusion in Wipo Alert represents a significant step in international cooperation against piracy, reinforcing Brazil’s commitment to digital security and intellectual property protection.

The Brazilian Patent and Trademark Office (BPTO) hosted a delegation from the Danish Patent and Trademark Office (DKPTO) on February 3rd to discuss the progress of their partnership and the next steps in this collaboration.

Authorities from both IP offices attended the meeting, held in Rio de Janeiro, including the Danish Ambassador to Brazil, Eva Bisgaard Pedersen, and DKPTO’s Director-General, Sune Stampe Sørensen. Representing BPTO were Schmuell Cantanhêde, Director of Trademarks, Industrial Designs, and Geographical Indications, Alexandre Ciancio, Deputy Director of Patents, and Leopoldo Coutinho, Coordinator of International Relations.

2024 Cooperation Outcomes and 2025 Expectations

Since 2017, Brazil and Denmark have worked together to enhance the registration, examination, and protection of IP rights, focusing on innovation and commercializing intangible assets in Latin America. In 2024, this collaboration led to advancements in areas such as communication, IP enforcement awareness, and digital business, as well as training sessions on IP crimes and organizational management.

The plan for 2025 includes initiatives focused on plain language, patent examination guidelines, and IT strategy. Additionally, workshops, technical visits, and a course on change management will be promoted. The first action of the year will be participation in the IP Key project event.

Impact of this Cooperation

The partnership between Brazil and Denmark demonstrates BPTO’s commitment to aligning its practices with international standards, making the Brazilian IP environment more efficient and predictable. This cooperation represents an opportunity for greater legal certainty, faster processes, and a more attractive market for innovation investments.

At Tavares IP, we closely monitor these developments to provide our clients with strategic insights and tailored Intellectual Property solutions in Brazil and Latin America. If your company wants to explore the Brazilian market with security and expertise, contact us to learn how we can support your IP strategy.