News

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.

OpenAI, the developer of ChatGPT, has accused the Chinese startup DeepSeek of improperly using its artificial intelligence models to develop an open-source competitor chatbot. The allegation raises debates over copyright infringement and competition in the artificial intelligence sector, reflecting the growing technological rivalry between the United States and China.

Context and Key Allegations

OpenAI claims to have identified evidence of “distillation” by DeepSeek. This method, widely used in the industry, enables the creation of smaller, more efficient models by leveraging the results of more advanced models. However, according to OpenAI, when applied to its technology, this practice would violate its terms of service, prohibiting the reproduction or use of its products to develop direct competitors.

A Financial Times report highlights that this accusation emerges at a time when OpenAI itself is facing lawsuits over the alleged use of copyrighted materials, including content from The New York Times, to train its models.

Implications for the AI Industry

The controversy arises amid increasing global competition in the AI sector. The recent launch of DeepSeek’s R1 reasoning model has drawn attention to delivering performance comparable to leading U.S. models despite being developed with significantly fewer financial resources. This development has sparked discussions about maintaining technological leadership among major U.S. companies and the broader impacts on global competitiveness.

Moreover, the dispute underscores the role of intellectual property regulations in AI governance. The United States’ dominance in semiconductor production and restrictions on China’s access to these technologies are frequently cited as key factors in maintaining the U.S. advantage in AI. The rise of companies like DeepSeek could shift this balance and introduce new challenges for the industry.

Next Developments

OpenAI has blocked DeepSeek from accessing its API but has yet to provide concrete details on the evidence gathered. As of now, DeepSeek has not responded to the allegations. The outcome of this case could set important precedents for intellectual property protection and the regulation of the AI sector.

Given the growing importance of intellectual property in technological innovation, companies in the sector can benefit from robust strategies to safeguard their assets.

For more information on the best approach for your company, consult intellectual property experts.

Startups and innovative companies in Brazil registered under the Inova Simples special regime now enjoy priority processing for trademark and patent applications at the Brazilian Patent and Trademark Office (BPTO). This initiative bolsters the innovation ecosystem by expediting intellectual property rights recognition.

The Inova Simples regime was designed to simplify the formalization of startups and other innovative businesses. Eligible startups must be registered on the Redesim platform and provide a certificate verifying their status under Inova Simples when submitting applications through the e-INPI platform.

Advantages for Startups

Prioritizing intellectual property applications offers significant competitive advantages. Decisions on trademarks can be obtained in less than six months. Regarding patents, applications must already be filed and published, and the technical examination must be requested to qualify for expedited processing.

This expedited process is vital for startups participating in acceleration programs. These programs encourage strategic use of intellectual property to foster growth and safeguard small businesses’ innovations.

Understanding the Inova Simples Regime

Inova Simples supports disruptive or incremental entrepreneurial initiatives by allowing simplified formalization without requiring registration with the Commercial Registry. These entities, termed Simple Innovation Companies, may engage in the experimental commercialization of products or services up to the annual revenue limit set for micro-entrepreneurs (currently BRL 81,000).

This measure is another step towards creating a favorable environment for developing innovative solutions and attracting investments to Brazil.

If you are a startup looking to protect your trademark or patent, please contact us to learn how we can help.

The beginning of January marks the new year and Public Domain Day. On this date, works whose copyrights have expired become available for unrestricted use by the laws of each country.

In 2025, many works originally published in 1929 will enter the public domain. This transition allows them to be reused in new projects without authorization or licensing fees. Below are some of the key works that are now available.

Comics: Popeye and Tintin

Popeye the Sailor

Popeye first appeared on January 17, 1929, in the Thimble Theatre comic strip created by Elzie Crisler Segar. The character is widely recognized for gaining strength from spinach and his association with Olive Oyl, who has been in the public domain since 2015.

With Popeye entering the public domain, the character can now be used in new content and products without copyright restrictions.

The Adventures of Tintin

Belgian artist Georges Prosper Remi, known as Hergé, created Tintin and debuted in the Le Petit Vingtième newspaper. The series follows Tintin, a reporter, and his dog Snowy, with storylines often reflecting historical and political themes.

Tintin’s entry into the public domain enables new interpretations and productions based on the character and his adventures.

Literature, Music, and Film

Literary Works

Among the notable literary works from 1929 entering the public domain are:

• A Farewell to Arms by Ernest Hemingway;
• A Room of One’s Own by Virginia Woolf;
• The Sound and the Fury by William Faulkner.

In Brazil, Oswald de Andrade’s works also enter the public domain, expanding access to key contributions of the Brazilian modernist movement.

Film

In the field of cinema, the following films will enter the public domain:

• The Cocoanuts by the Marx Brothers;
• Blackmail by Alfred Hitchcock;
• The Wild Party starring Clara Bow.

Music

Notable musical compositions include:

• Singin’ in the Rain;
• Boléro by Maurice Ravel;
• California, Here I Come.

These works can now be used in musical productions and other creative projects without licensing fees.

Considerations

The entry of works into the public domain in 2025 presents new opportunities for businesses, artists, and creators. The freedom to reuse these materials allows innovative and diverse content to be developed.

Please contact our office if you need guidance on using public domain works or have questions about intellectual property.

The role of Intellectual Property (IP) in Brazil’s economic growth was a key topic at an event hosted by Amcham Brazil. The Executive Secretary of the Ministry of Development, Industry, Trade, and Services (MDIC), Marcio Elias Rosa, highlighted recent progress in Brazil’s IP policies and their contribution to creating a stable and predictable business environment for investors.

According to Rosa, IP modernization has been prioritized in national and international initiatives, including its inclusion in the recent Mercosur-European Union trade agreement. The agreement ensures recognition of Brazilian geographical indications (GIs), such as Canastra cheese and cachaça, in European markets.

“Strengthening intellectual Property is essential for the government’s economic agenda. It provides predictability for private-sector initiatives and ensures the legal security necessary to attract new investments,” stated Rosa.

Efforts to Address the Patent Backlog and Improve Efficiency

A key focus of Brazil’s IP reform has been reducing the patent backlog at the Brazilian Patent and Trademark Office (BPTO). Rosa reported a decrease in the average patent examination time from six to four years and two months, with plans to reach two years by 2026. The reforms include investments in technology, infrastructure, and workforce expansion through upcoming public recruitment processes.

Juliana Ghizzi Pires, Director of the Department of Intellectual Property Policy and Quality Infrastructure, emphasized the importance of structural changes within the ministry. “For the first time, the ministry has a dedicated department for IP policy, which has accelerated progress in this area,” she noted.

Intellectual Property as Part of Brazil’s Industrial Strategy

Intellectual Property also plays a central role in the government’s New Industry Brazil (NIB) initiative, which aims to support innovation and industrial development. IP policies have been integrated into the program’s six industrial priorities, strengthening collaboration between Scientific and Technological Institutions (ICTs) and the private sector.

Amcham CEO Abrão Neto acknowledged the importance of these reforms: “Policies that emphasize intellectual property as part of the industrial strategy are critical to fostering a more competitive and innovative economy.”

Implications for International Investors

The ongoing improvements to Brazil’s IP system indicate a more transparent and efficient environment for businesses and investors. By addressing longstanding challenges, Brazil aims to provide stronger legal foundations for companies looking to operate and expand in the region.

Tavares IP offers specialized support for international businesses navigating Brazil’s IP landscape. Our team ensures that your intellectual assets are protected and aligned with local regulations, enabling secure and effective market entry.

Contact us to learn more about Brazil’s evolving IP framework and how it can benefit your business.

The 6th Business Court of Rio de Janeiro has ordered the removal of the song “Million Years Ago” by British singer Adele from digital platforms after strong evidence of plagiarism involving the song “Mulheres,” composed by Toninho Geraes and sung by Martinho da Vila.

The court decision, resulting from a lawsuit by Toninho Geraes, points to “almost identical melodic similarity” between the works. This decision highlights the importance of protecting intellectual property across borders. In case of non-compliance, a fine of R$50,000 was established per infringing act.

The Brazilian composer filed the lawsuit in February of this year after unsuccessful attempts to reach an agreement with Adele, producer Greg Kurstin, and the record companies involved, including Sony and Universal. In addition to suspending the work, Toninho requests recognition of co-authorship, compensation, access to copyright, monetary adjustments, and interest.

Although preliminary, the decision represents a significant advance in protecting the rights of Brazilian composers and reinforces the seriousness of intellectual property legislation in the country.

Ensure the protection of your intellectual property

Cases like this highlight the importance of registering and monitoring your work. Tavares IP has been operating in the market for five decades, offering complete solutions in intellectual property and ensuring the recognition and appreciation of its clients’ creative work.

Contact our team of experts.

The Senate has approved the regulatory framework for artificial intelligence (AI), defining rights, risks, and guidelines for using this technology in Brazil. The text now moves to the Chamber of Deputies.

Key points of the project include:

• Classification of “high-risk” systems that may impact critical infrastructure, health, and justice.
• The Brazilian Data Protection Authority (ANPD) coordinated the creation of the National System for Regulation and Governance of AI.
• Mandatory remuneration for the use of copyrighted content in AI system training.

The proposal aims to balance technological advancement with preserving fundamental rights and providing greater legal security for companies and users.

Protect your creations and be prepared for the future of technology. Contact Tavares IP to discover how we can help your company secure its rights in the innovation landscape. Get in touch now.