Professional Documents
Culture Documents
PROTECT INTELLECTUAL
PROPERTY
IN BRAZIL
Sponsor:
ACKNOWLEDGMENTS
The American Chamber of Commerce for Brazil, being the largest Amcham outside the United States
is constantly serving its members by building bridges for Brazilian businesses worldwide. Our foreign
investment attraction efforts have also been a key leading point for Amcham. The How to series is part
of this initiative. With the support of some of our corporate members, the States of the country and now
some cities, we are putting together strategic information on the most various aspects of doing business
in Brazil and its opportunities. As part of BRICS (Brazil, Russia, India, China and South Africa) and
representing the 7th largest economy of the world, being also the 5th biggest destination for foreign
investment, Brazil has clearly demonstrated its importance in the global market. Furthermore, the medium
and high classes are increasing, which creates a solid internal market and contributes to maintain good
results in the economy. It is now more than ever a strategic time for businesses opportunities in Brazil.
We welcome you and hope that the information you are about to read serves you best.
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CONTENT
01
INTRODUCTION
06
02
PATENTS
07
03
INDUSTRIAL DESIGNS
09
04
SEMICONDUCTOR TOPOGRAPHIES
11
05
PLANT VARIETIES
12
06
COPYRIGHTS
14
07
16
08
TRADE NAMES
18
09
GEOGRAPHIC INDICATIONS
19
10
20
11
DOMAIN NAMES
21
12
22
13
24
14
26
15
27
16
ANTI-PIRACY FRAMEWORK
28
17
APPLICABLE LEGISLATION
29
18
30
01.
INTRODUCTION
In an economic and market context in which competition
is increasingly fiercer, the companies need to find ways
to make their products/services unique, in order to attract
new customers and maintain the clientele they have already
won. Investments in innovation, whether to develop new
products, to improve manufacturing processes or to create
marketing strategies are essential for achieving this.
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02.
PATENTS
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03.
INDUSTRIAL DESIGNS
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04.
SEMICONDUCTOR TOPOGRAPHIES
05.
PLANT VARIETIES
The Agreement on Trade-Related Aspects of Intellectual
Property Rights (TRIPS Agreement) establishes that
member countries of the World Trade Organization
(WTO) must protect plant varieties and can opt for a
system of patents, a sui generis model or a combination
of both.
Brazil has opted for protection through a specific
registration, whereby it is forbidden to protect plant
varieties through patents, pursuant to Articles 10 and 18
of the Industrial Property Law.
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or, in the event there are objections and they are rejected,
the Plant Variety Protection Certificate is issued.
06.
COPYRIGHT
Protected intellectual works are considered to be creations
of the mind, expressed through any medium or fastened
to any kind of support, whether tangible or intangible,
known or invented in the future, such as: the texts of
literary, artistic or scientific works; musical compositions,
audiovisual works, photographic works; drawing, painting,
printmaking, sculpture, lithography and kinetic art works;
or computer programs, among others.
Protection of computer programs in copyright terms is
governed by Law No. 9609/98 and, subsidiary, by Law
No. 9610/98 which deals with other copyright works. Only
in specific cases, depending on a technical analysis and
certain requirements, patent protection involving software
is possible, according to the Industrial Property Law.
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07.
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08.
TRADE NAMES
A trade name can be understood as the name adopted
by an entrepreneur, individual or legal entity, to identify
them in the exercise of its activities. It can also be used
as a tool for building a bond between the entrepreneur/
company and its customers.
Trade name protection is governed by different
legislation. It may be said that while the objective
function of the trade name is protected by the Federal
Constitution of 1988, the Industrial Property Law
and the Paris Convention, its identification function
is regulated by the Law of Public Registration of
Commercial Companies and the Civil Code.
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09.
GEOGRAPHIC INDICATIONS
10.
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11.
DOMAIN NAMES
12.
22
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13.
24
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14.
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15.
LITIGATION INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS
16.
ANTI-PIRACY FRAMEWORK
The repression to the acts of piracy and counterfeiting of
products in Brazil is mainly achieved by implementing
the following measures:
Inspection of goods and merchandise imported
from other countries, whose entry into the country,
either by air, sea or land, is subject to examination by
Customs and the Brazilian Federal Revenue Service;
Inspections and investigations conducted by local
government bodies (such as those performed
by the Civil and Federal Police, the Public
Prosecutors Office etc.) concerning the legality of
goods and merchandise, whether imported from
other countries or manufactured in Brazil; and
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17.
APPLICABLE LEGISLATION
No.
INTERNATIONAL
Paris Convention for the Protection of Industrial
Property (Decree No. 1263/1994);
Berne Convention for the Protection of Literary
and Artistic Works (Decree No. 75699/1975);
Patent Cooperation Treaty - PCT (Decree No.
81742/1978); and
Agreement on Trade-Related Aspects of
Intellectual Property Rights (TRIPS) (Decree No.
1355/1994).
NATIONAL
18.
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BELO HORIZONTE
JOINVILLE
BRASLIA
PORTO ALEGRE
CAMPINAS
RECIFE
CAMPO GRANDE
CURITIBA
FORTALEZA
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32
RIBEIRO PRETO
SALVADOR
GOINIA
SO PAULO
UBERLNDIA