Businesses IP in Brazil; Protection
In the process of getting a patent in Brazil, the company shall apply before INPI with a complete description of the inventions. Then a preliminary formal review will be done by the INPI and a filing certificate is issued. During a period of 36 months, the inventor will have to request a technical examination of the patent application. Once the patent application is granted, a letter of the patent will be issued. The documents attached with the application must be in the Portuguese language. In case it is in another foreign language, a translation is also attached within 60 days. The foreign applicant must also maintain a qualified brazil resident attorney to represent its application.
Prior Examination Process by INPI
In the case of Industrial design, the company will not have to go through a prior examination process by INPI. The registration is published immediately. The application must include a form, specification, and claims, if any, as well as drawings and photos, the object’s field of application, and proof that the filing money was paid.
In the case of geographical indications, the application must be accompanied by documentation demonstrating 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 of the existence of a system for monitoring the production standards of authorized producers.
It is optional to protect copyright through registration in Brazil. National and foreign authors and owners may register their works with the public bodies defined by local norms. The main registration authority is the Copyright Office of the National Library.
In case of protection of an Integrated Circuit, the application must be filed with the description of the topography and its function, drawing or photographs of the integrated circuit, a declaration of previous exploitation, if needed, and receipt of payment of filing fee.
Consequences of not Protecting IP in Brazil
There are some Intellectual properties like copyright where registration is not a compulsion, and you may opt not to register your copyright. But generally, you will have to register your intellectual property, and then if anyone tries to interfere with your right or encroach upon it, then it is a criminal offense. The unlawful use of patented inventions, registered trademarks, design, software, geographical indications, and copyrighted works is subject to criminal sanctions.
In order to protect your intellectual property in Brazil, check:
IP in Brazil: How to Successfully Protect Yours
Challenges of protecting IP in Brazil?
The Brazilian companies spend a very small portion on their research and development wing, while developed countries spend on research. 80% of the researchers work in commercial enterprises, while only 20% work in academic activities. Thus, one of the challenges which causes the low ranking of Brazil in the patent application is the low proportion of researchers in the company.
The amount of time required to acquire a patent in Brazil is also a major challenge. There is an increase in the number and complexity of patent applications, with very few examiners sitting at the office to issue a patent.
How will it affect businesses, both large and small?
Due to the long procedural requirement and lack of examiners present in Brazil for the purpose of protecting intellectual property in Brazil, the companies often go to foreign countries like the US to get the protection. It results in a low ranking for Brazil in the international ranking for protection of intellectual property. If Brazil weakens intellectual property rights internationally, it will certainly jeopardize America’s continued ability to function as the engine of global scientific and technological innovation and economic growth. It will also lead to a reduction in America’s long-held advantages in international trade and innovation and its higher GDP and Standard of living.
