Page 108 - InvestmentGuideBrasilEng

INTELLECTUAL
INTELLECTUAL PROPERTY ENFORCING

IP RIGHTS
PROPERTY Brazil’s domestic legal framework offers foreign in-

vestors and domestic businesses equal treatment
based on compliance with the law.
Like in any other country, industrial property
Measures against unfair competition are provid-
Registering rights must be registered in Brazil in order to be ed for in the Brazilian Industrial Property Law, and
criminal law penalties include imprisonment or a fine.
enjoyed. According to the International Intellec-
intellectual tual Property Index (IPTI) Report for 2012, Bra- I. Arbitration - although Brazilian legislation
IP rights may be enforced in Brazil by:
zil has increased its performance for the fourth
consecutive year, attesting to the efficacy of its
property rights efforts in this area. provides for arbitration procedures, both
Regarding the patents (including inventions,
parties need to agree to it in writing.
utility models and industrial designs), individual
registrations must be made, but for rights other II. Civil action - there are specialist courts in the
Brazil provides foreign investors with a world- ? IPR international standards have been duly than industrial designs, they can be applied under Federal Courts of Rio de Janeiro to deal exclusively
class Intellectual Property Rights protection. incorporated by Brazil's legislation and, in some the terms of the Patent Cooperation Treaty. with IP-related cases. In the other states, the
Throughout its history, the country has built a sol- aspects, the country's domestic legislation The INPI (National Institute of Industrial ordinary civil courts hear the cases as appropriate.
id tradition as a founding-member and an active provides protection beyond TRIPS requirements; Property) is the body that examines IP applica- Trade name registration and protection rules
participant in the IP multilateral-system. Brazil tions. Registered industrial property agents and are contained within the Civil Code, while other
is a member of both the World Intellectual Prop- ? The country has also established attorneys-at-law may represent applicants be- areas of IP are regulated by specific legislation.
erty Organization (WIPO) and the World Trade national laws protecting industrial fore INPI.
Organization (WTO) – the two key-institutions design and IC lay-out design; With respect to pharmaceutical products, the III. Criminal prosecution - actions against
of the IP international system -, and has signed granting of patents depends on prior consent by the infringement of all types of IP may
the core IP multilateral treaties, such as the Paris ? Brazil adopted international the National Sanitary Agency (ANVISA). be brought under Brazil’s Criminal Code
Convention, the Bern Convention, the Patent Co- trademark classification systems ‘Priority rights’ under the Paris Convention and specific IP legislation, with penalties
operation Treaty and the Trade-Related Aspects of and examination standards; can help in the local registration of trademarks, that include imprisonment and fines.
Intellectual Property Agreement (TRIPS). designs and patents by allowing rights previously
In order to support the overall efforts and focus ? The country is currently evaluating registered elsewhere to become effective in Bra- Actions by Customs are also a relevant part in IP
on the technological development of the market, membership in the Madrid System (trademarks) zil, if filed within a time limit. enforcement in Brazil. Customs can monitor and seize,
Brazil has taken several steps towards the protec- and the Hague Union (industrial designs). Copyright registration is not required but it is ex officio, infringing products on import or export.
tion of intellectual property rights for both existing recommended. More information about IP at: www.inpi.gov.br
and potential technology-related organizations: (Portuguese only).
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