Brazil May Suspend IP Commitments Under New Retaliation Law
News

Brazil May Suspend IP Commitments Under New Retaliation Law

As a direct response to the recent trade sanctions imposed by the United States, President Luiz Inácio Lula da Silva has signed the Reciprocity Law into law without vetoes. Approved with bipartisan support in Congress, the new legislation gives Brazil a solid legal basis to retaliate against unilateral commercial actions by other countries, including the suspension of intellectual property obligations.

This legal framework allows Brazil to:

  • Impose additional import tariffs;
  • Suspend trade concessions;
  • Temporarily disregard international commitments on IP rights when targeted by hostile economic measures.

Although Brazil has not yet implemented concrete measures against the U.S., this law signals a strategic shift and prepares the country to respond more assertively on the global stage.

The law includes:

  • Proportional retaliation based on economic impact;
  • Tariffs on goods and services from the country or economic bloc;
  • Suspension of obligations related to IP rights under trade agreements;
  • Public consultation and technical evaluation (except in urgent cases that justify immediate action).
This development highlights the need to monitor Brazil’s trade and IP policies constantly. It underscores the importance of relying on local legal counsel to safeguard intangible assets in an evolving regulatory environment.
At Tavares IP, we monitor and analyze legislative developments that impact the global IP landscape. If your company needs guidance on how the Reciprocity Law may affect your rights in Brazil, our team of experts is here to help.
Reciprocity Law
News

Brazilian Senate Approves Reciprocity Law, Creating a New Landscape for Intellectual Property

The Economic Reciprocity Law, approved by the Brazilian Senate on Tuesday, April 1st, allows the Brazilian government to impose trade retaliation measures against countries that establish barriers to Brazilian products.

The legislation, which received unanimous support, aims to create a fairer international trade environment. However, including provisions related to intellectual property has sparked discussions regarding its potential impacts on legal security and innovation in Brazil.

What is the Reciprocity Law?

The Economic Reciprocity Law allows Brazil to apply countermeasures, such as import restrictions and additional tariffs, against countries imposing trade barriers on Brazilian exports. This initiative seeks to strengthen the country’s global trade position and protect national industries.

Additionally, an amendment approved in the Senate limits patent flexibility to exceptional cases, which could significantly affect the intellectual property sector.

Impacts on Intellectual Property

The new legislation is expected to impact intellectual property in Brazil and internationally.  While it may enhance predictability for intellectual property protection, questions remain about its application and potential long-term effects on Brazil’s competitiveness.

Challenges and Global Context

The Reciprocity Law was passed amid transformations in international trade, particularly as the World Trade Organization (WTO) faced difficulties resolving trade disputes.

With the WTO’s arbitration system weakened, countries have increasingly resorted to unilateral measures to protect their markets. This evolving landscape requires companies in the intellectual property sector to monitor regulatory changes and adjust their strategies closely.

How to Prepare for These Changes?

For companies and inventors seeking to understand the impacts of the Reciprocity Law on intellectual property, staying informed and having access to specialized advisory services is crucial.

Tavares IP offers strategic guidance to help clients navigate this new regulatory environment confidently.

Brasil propriedade industrial
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Brasil Avança na Agilidade de Patentes e Marcas

O Brasil está dando um passo importante na modernização da proteção à propriedade intelectual. No dia 24 de março, o presidente da República em exercício e ministro do Desenvolvimento, Indústria, Comércio e Serviços (MDIC), Geraldo Alckmin, reuniu-se com a diretoria do Instituto Nacional da Propriedade Industrial (INPI), no Rio de Janeiro, para discutir o fortalecimento do sistema de propriedade industrial no país.

Um Sistema Mais Ágil Até 2026

Entre os objetivos estabelecidos pelo INPI, um dos principais é reduzir o tempo de concessão de patentes de quatro anos para apenas dois até 2026. Já o registro de marcas será acelerado drasticamente, diminuindo de 18 meses para apenas um mês.

Para alcançar essas melhorias, o INPI aposta em:

  • Modernização tecnológica, incluindo o uso de Inteligência Artificial (IA) para auxiliar buscas e exames.
  • Contratação de novos examinadores, garantindo mais agilidade nas análises.
  • Aprovação orçamentária, permitindo a implementação de novas soluções.

Principais Entregas Previstas para 2025

O INPI anunciou uma série de melhorias para este ano:

  • Uso de Inteligência Artificial para otimizar buscas e exames.
  • Novo Portal do Usuário, com funcionalidades progressivas para patentes.
  • Formulário otimizado para oposição de marcas, tornando o processo mais simples e rápido.
  • Programa de Contato Direto com o Usuário, um projeto-piloto para agilizar trâmites administrativos.
  • Propostas de alterações na Lei da Propriedade Industrial, incluindo exame acelerado de patentes e novas regras para oposições de marcas.
  • Nova tabela de preços, alinhada à modernização do sistema.

O Que Isso Significa para os Titulares de PI

Essas mudanças terão um impacto significativo para empresas e inovadores que buscam proteção de propriedade intelectual no Brasil. Um sistema mais ágil e previsível tornará o país um destino mais atrativo para investimentos em inovação e direitos de PI.

Precisa de orientação especializada sobre proteção de PI no Brasil? Nossa equipe na Tavares IP está pronta para auxiliar com patentes, marcas e estratégias de enforcement. Entre em contato conosco.

Brazil intellectual property
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Brazil Moves to Speed Up Patents and Trademarks

Brazil is taking a significant step forward in protecting intellectual property (IP). On March 24, the President-in-Office and Minister of Development, Industry, Commerce, and Services (MDIC), Geraldo Alckmin, met with the Brazilian Patent and Trademark Office (BPTO) leadership in Rio de Janeiro. The discussion focused on strengthening the country’s industrial property system and making Brazil more competitive in the global innovation landscape.

A Faster Brazilian IP System by 2026

BPTO’s most important goal is to reduce the time required for patent grants from four years to two by 2026. Similarly, trademark registration processing will be reduced dramatically from 18 months to one month.

To achieve this, BPTO is focusing on:

  • Technological modernization, including the use of Artificial Intelligence (AI) to assist in searches and examinations.
  • Hiring new examiners to speed up reviews.
  • Ensuring approved budgets to support operational improvements.

Key Deliveries Expected for 2025

BPTO has outlined significant improvements scheduled for this year:

  • AI-powered search and examination tools to enhance efficiency.
  • A new User Portal, with progressively available features for patents.
  • An optimized trademark opposition form, making the process simpler and faster.
  • A Direct Contact with Users program, a pilot project for administrative streamlining.
  • Proposed Industrial Property Law amendments include fast-track patent examinations and trademark opposition updates.
  • A revised fee structure to better align with modernization efforts.

What This Means for IP Owners

These changes will profoundly impact businesses and innovators seeking IP protection in Brazil. A more efficient and predictable system will make Brazil a more attractive jurisdiction for investment in innovation and intellectual property rights.

Need expert guidance on Brazilian IP protection?

Our team at Tavares IP is ready to assist with patents, trademarks, and enforcement strategies. Please feel free to contact us today.

News

Unfair Competition: São Paulo State Court Upholds Mercado Livre’s Conviction in Verisure Case

The 1st Reserved Chamber of Business Law of the São Paulo Court of Justice (TJSP) has upheld the conviction of Mercado Livre for unfair competition against Verisure, a company specializing in alarm systems. The marketplace was found liable for improperly using the trademark “Verisure” as a keyword in Google Ads, redirecting consumers to its website and exposing them to competitors of the security company.

The Court’s Ruling

The judicial decision was based on Statement XVII of the Group of Reserved Chambers of Business Law, which classifies using a third party’s registered and distinctive trademark as a search term in paid online advertisements as an act of unfair competition. Although Mercado Livre argued that it does not operate in the same sector as Verisure, the court ruled that this practice constitutes customer diversion and a violation of the Industrial Property Law.

Article 195 of the Industrial Property Law (Law No. 9,279/1996) establishes that fraud is illegal to attract another company’s clientele and create market confusion. The TJSP reaffirmed this principle, ordering the platform to cease using the Verisure trademark in paid ads and imposing financial penalties.

Impact and Repercussions

This decision sets an important precedent for using institutional keywords in digital advertising, reinforcing the need for companies to be vigilant in protecting their trademarks. The case underscores the importance of following intellectual property regulations to ensure fair market competition.

How to Protect Your Trademark?

Cases like this highlight the need to continuously monitor a company’s digital presence. The unauthorized use of registered trademarks can directly impact a business’s reputation and revenue. To avoid similar situations, companies should seek specialized intellectual property advisory services.

Tavares IP offers comprehensive trademark monitoring, protection, and enforcement services in digital and market environments. Contact us to learn how to safeguard your most valuable asset: your corporate identity.

AI-Generated Songs
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Sony Music Requests Removal of 75,000 AI-Generated Songs Amid Copyright Debate

Sony Music has requested the removal of over 75,000 AI-generated songs that mimic well-known artists such as Harry Styles and Beyoncé. This announcement comes as the United Kingdom debates potential changes to intellectual property laws, which could allow copyrighted content to be used in AI model training.

The UK government aims to position the country as a global leader in artificial intelligence by enabling companies to use music, films, and books for AI development. However, music industry representatives have raised concerns about the potential impact on artists and copyright holders.

The Impact of AI on the Music Industry and Intellectual Property

The advancement of artificial intelligence in music creation has sparked discussions about the boundaries of using copyrighted content. Streaming platforms are already detecting a growing number of AI-generated tracks. For instance, Deezer reports identifying around 10,000 AI-generated songs daily, highlighting the scale of this emerging trend.

Sony Music argues that these AI-generated songs pose direct financial harm to artists, as AI tools can create content that closely resembles the voices and styles of real musicians, potentially competing with their original works.

Regulatory Challenges and the Future of Copyright Protection

The UK government has proposed that copyright holders should be able to opt out of having their works used for AI training. However, some industry leaders question the effectiveness of this approach and its broader implications for the creative sector.

The debate over AI and copyright law is expected to evolve as governments, businesses, and legal experts work to balance technological innovation with protecting content creators.

Is your business protected against potential intellectual property infringements? Our team of experts can assist you in registering, monitoring, and defending your rights in Brazil and worldwide. Contact us today to safeguard your assets.

Electronic Games
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New Industrial Protection for Electronic Games in Brazil

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.

pib
News

Sectors that create trademarks and patents generate 50.2% of Brazil’s GDP, report reveals

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.

piracy
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Brazil intensifies its fight against piracy and reports the blocking of 393 illegal websites to the UN

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.

cooperation
News

Brazil and Denmark Strengthen Cooperation in Intellectual Property

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.

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