Businesses’ Intellectual Property in Brazil

Business assets protected by intellectual property include copyright, trademarks, patents, and design rights. Protecting your intellectual property rights is crucial, as is staying out of other intellectual property owners’ rights.

Businesses’  Intellectual Property in Brazil

What is intellectual property? 

Intellectual property has a lot of potential value. Some corporations exist only to create or even use intellectual property, such as computer game companies.

 

It’s critical to safeguard your intellectual property rights in order to safeguard your company. Avoiding violating the rights of other firms is similarly crucial.

 

How to protect your IP

 

There are various methods for protecting your intellectual property.

 

The person or organization who produces published artistic work is accorded copyright. Writing, movie music, and computer software all fall under this. In contrast to the majority of other intellectual property rights, copyright is automatically given when a work is first published.

 

Patents offer protection for all aspects of an invention, including the functional elements and procedures.

 

Trademarks, which might be logos or brand names, are visual cues that distinguish between different types of goods and services.

 

Designs can be secured through design rights and registration.

 

In addition to legal protection, digital intellectual property can also be secured using digital signatures and encryption.

 

Numerous government agencies or organizations with affiliations can support your company’s needs for design, innovation, intellectual property, measurement, and standards.

Businesses IP in Brazil

The business must apply to INPI with a thorough description of the inventions in order to obtain a patent in Brazil. A filing certificate is then granted after the INPI conducts a preliminary formal review. The inventor must ask for a technical evaluation of the patent application within a 36-month window. Upon the acceptance of the patent application, a letter of the patent will be issued. The supporting documents for the application must be written in Portuguese. If the document is in a language other than English, a translation must be given within 60 days. The international applicant must retain a capable resident attorney in Brazil to advocate their application.

 

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INPI’s prior examination process

The business won’t need to go through an INPI preliminary examination process for industrial design. The registration is immediately publicized. A form, specification, and claims—if any—along with drawings and photos, the object’s field of application, and evidence that the filing fee was paid—must all be included in the application.

 

In the case of geographical indications, the application must be backed up by evidence of the applicant’s legitimacy, rules governing the use of GI holders, official documents defining the geographical area, a description and list of the features of the good or service, and evidence that a process is in place to make sure that authorized producers are adhering to production standards.

 

In Brazil, registering to protect copyright is not required. The public organizations outlined by regional standards are where authors and owners, both domestic and foreign, can register their works. The National Library’s Copyright Office is the primary registration authority.

 

If an integrated circuit needs to be protected, the application must include a description of the topography and its purpose, drawings or photos of the integrated circuit, a statement of any prior exploitation, if necessary, and proof that the filing fee has been paid.

 

Brazilian Repercussions of Not Protecting IP

You can choose not to register some intellectual properties, such as copyright, when registration is not required. However, in most cases, you will need to register your intellectual property, and if someone attempts to trample on your rights or interfere with them, it is a crime. Criminal penalties apply to the unauthorized use of patented innovations, registered trademarks, designs, software, geographical indications, and works protected by copyright.

 

Brazil’s IP protection challenges

In comparison to developed nations, Brazilian businesses spend extremely little on its research and development division. Only 20% of researchers work for academic institutions, with the other 80% employed by businesses. The low percentage of researchers in the company is thus one of the issues contributing to Brazil’s low ranking in the patent application.

 

The length of time needed to obtain a patent in Brazil is another significant difficulty. There is a rise in the quantity and complexity of patent applications, and there aren’t many examiners working to grant patents.

How will it impact both big and small businesses?

Companies frequently travel outside, such as the US, to obtain protection due to the lengthy procedural requirements and lack of examiners in Brazil for the purpose of protecting intellectual property there. Brazil has a poor rating as a result in the global ranking for intellectual property protection. America’s ability to continue acting as the catalyst for global scientific and technical innovation and economic progress will undoubtedly be compromised if Brazil lowers intellectual property rights abroad. Additionally, it will result in a loss of America’s long-standing advantages in innovation and global trade, as well as its higher GDP and standard of living.