Brazil
Patent/IP in Brazil
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Intellectual Property
For a list of Patent Attorneys, please click on the 'Patent Attorneys in Brazil' tab located above.
Intellectual Property, or IP, as it is colloquially called, is characterised as legal protection for commercially precious products of human intellect. There are, generally, three forms of IP: patents, copyrights and trademarks. Although these articles are similar many some ways, they each have individual idiosyncrasies and definitions which make them unique. Perhaps most importantly, there is no physicality to intellectual property. If effectively safeguards an intangible idea or process.
Patents
Generally speaking, patents are granted to inventors for inventions. These can include anything from machinery, tools, processes, chemicals, biotechnology, software, etc.
To qualify for a patent, an inventor must invariably create something that is:
- Of patentable matter
- Unique to patentee
- Merited and can be utilised
- Innovative
- Non-obvious
Under a patent, the patentee reserves the right stop or limit others from utilising and trading the invention. Without explicit permission from the patentee, persons using the patent in any of these ways are infringing, and could be subjected to legal action.
Applying for a Patent
Protection of a patent is gained by registering the patent with the Instituto Nacional da Propriedal Industrial (INPI). Registration is valid for up to twenty years for items related to inventions, or fifteen years for items related to utility models. The Patentee/applicant must use the patent within three years from the registration date to prevent the cancellation of the patent right.
Trademarks
Trademarks are used to denote epithets, logos, symbols, slogans, etc, that are individual to a business and product. Fundamentally, the things that distinguish your product or service from a competitor's. Businesses understandably go to endless lengths to have control over their trademarks. Therefore, any persons found infringing upon them through unlawful use could be subject to legal action.
Famous examples of trademarks are Coca Cola and McDonald's.
Applying for a Trademark
Trademark protection is acquired by registering with the Instituto Nacional da Propriedal Industrial (INPI). For reputable or well-known trademarks, however, special protection is warranted, regardless whether or not they were registered in Brazil.
Trademarks are valid for ten years and are renewable for successive ten-year periods thereafter. Registration may be subject to cancellation if it is not used for five years from the date of registration.
Registration
You must provide:
- Name and address of the applicant
- Name, address and citizenship of the inventor
- Invention name and abstract
- Invention description
- Claims
- Illustrations
- Portuguese translation of specifications
- Assignment document if applicant is not the inventor. Must be filed within 60 days
- Priority document (including Portuguese translation, priority number and country of origin). Must be filed within 180 days
- Search results from the Patent Office where the patent was originally filed
Copyright
Copyright gives someone to sell and reproduce a protected product, which is invariably printed work. Things like books, magazines, websites, photographs, music, film and art are common examples of copyrighted work. Copyright denotes five rights of the author, artist, etc: reproduction, distribution, adaptation, performance and display. Use of such materials or works without the explicit permission of the copyright holder is classed as infringement, and persons doing so could be subject to legal action.
Registration Office
INPI
Rua Mayrink Veiga
9 Centro
Rio de Janeiro
CEP: 20090-910
Brazil
Telephone: +55 21 2139 3000
Website:
www.inpi.gov.br
