Intellectual Property in Brazil

Trademarks Software Licensing Company Name Domain Names

Brazil is a signatory to the Paris Convention (protection of patents and trademarks) and the Berne Convention (protection of copyrights). Brazil also signed the Universal Convention on Copyrights, which protects works of literature and Article 5 of the Federal Constitution guarantees the right to private property, the Civil Code guarantees its use and enjoyment. The INPI (Federal Intellectual Property Agency) governs and regulates trademark, patent and copyright law. Our associate in charge of trademarks and domain name protection has been an intellectual property lawyer since 1989.

Trademarks Registration of a trademark in Brazil is required to guarantee the protection of ownership rights. In addition, the owner must also use the trademark, as lack of use for an uninterrupted two-year period will cause the registration to lapse. The owner may appeal against the cancellation of the trademark within 60 days of receiving notice. A registration is valid for ten years and is renewable for successive ten-year periods. Add your trademarks to our database for weekly monitoring and quarterly manual search.

Software The Brazilian law provides mainly for the protection of software as copyright. Software is protected for 25 years from its launch in any country.

Licensing All license contracts must be registered at the INPI. In 1993, the INPI issued Regulation 120, which set forth new rules on intellectual property contracts. In the registration process, the INPI now limits its analysis to: a) The verification of the status of the trademarks and patents in compliance with the rules under the Brazilian intellectual Property Code; b) Information regarding limitations on tax deductions and foreign exchange controls applicable to remittance of royalty payments abroad. Even though franchising agreements are not subject to the same statutory rules as trademarks, patents and transfer of technology, these contracts are also subject to review and approval by the INPI.

Company Name. We will research and advise on your company name in advance of registration. It should be noted that company names are registered at state level rather than for the entire country.

Domain Names. We are able to apply for domain names on bahalf of international clients. We are able to act in all capacities to ensure renewal and maintenance of the registration. We currently maintain over 60 domain names for international clients acting as the payment centre and monitoring renewals.

trademarks patents


CoForma Privh- Corporate and Incorporation Services
Rua do Arouche, 23 5º. Andar, Centro, São Paulo BRASIL CEP: 01219-001
Tel: 55 11 3295 6761
Fax: 55 11 3112 0422

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