IP Strategy in Brazil

The National Strategy for Intellectual Property (ENPI) is aimed at achieving an effective
National Intellectual Property System, which encourages creativity and investments in
innovation, increases competitiveness and socioeconomic development in Brazil. This
strategy should also prepare Brazil for a 4.0 Economy enabling the companies’ digital
transformation.

After assessing the main challenges of Intellectual Property in Brazil, the ENPI was
identified on 7 lines of action:

1. IP for Competitiveness and Development

2. Dissemination, Training and Capacity Building in IP
3. Governance and Institutional Strengthening
4. Modernization of Legal and Non-Legal Frameworks
5. Legal Observance and Security
6. Intelligence and Vision of the Future
7. Brazil’s insertion in the Global IP System.

Third country report Brazilian IP Strategy

Patents Patent backlog: The National Innovation Policy (PNI)
stakeholders report that it establishes as one of its axes the protection of
still takes about 10 years for knowledge acquired through innovation, in
a patent application to be order to provide the owner of the intellectual
examined (13 years for creation:
information technologies and
pharmaceutical patents. e) the simplification of the process of patent
applications and concessions in the country and
encouragement of patent applications in the
country and abroad (p.37)
Interference of the In Strategic Aim 4 “Modernization of the
Brazilian health authorities Legal and Non-Legal Frameworks”: one of
(ANVISA) in the macro-objectives is “To review, modernize
pharmaceutical patent and/or adapt existing IP laws or laws related to
applications submitted to the executive or administrative structure of
IMPI, giving rise to a dual Intellectual Property in Brazil, through dialogue
examination. with interested parties.” in which one of the
actions is to:

1.7 Promote dialogue, study and dissemination

of good practices regarding the adoption of
solutions and license conditions related to
essential patents through FRAND (fair,
reasonable and non-discriminatory) terms,
proposing conditions that are fair, reasonable
and non-discriminatory, respectively, with the
aim of improving the subject, identifying
bottlenecks, options for conflict resolution and
other relevant actions. (p.83)
Copyright Problems to exercise In Strategic Aim 2 “Dissemination, Capacity
individually their rights for Building and Training”: one of the macro-
online uses objectives is: “6. To promote closer ties with
users of the National System of Science,
Technology and Innovation” in which one of the
actions is to:

6.2 Stimulate and encourage free or reduced-

Lack of legal protection of
technological protection
measures
cost legal assistance and advice exclusively to
independent inventors, startups, producers
(audiovisual or musical), writers and other
copyright holders.
In Strategic Aim 4 “Modernisation of the
Legal and Non-Legal Frameworks”: one of
the macro-objectives is “To review, modernize
and/or adapt existing IP laws or laws related to
the executive or administrative structure of
Intellectual Property in Brazil, through dialogue
with interested parties.” in which one of the
actions is to:

1.4 To improve, update and prepare a Draft Bill,

at the initiative of the Executive Branch, to
reform the LDA - Copyright Law, considering
mainly the new technologies and business
models on the Internet and the liability of
Internet service providers regarding violations
of intellectual property rights.

1.15 Improve the regulation on copyright

collective management entities in order to make
the inspection more efficient, as well as
contribute to the effectiveness of the collective
management of copyright in Brazil

In Strategic Aim 6 “Intelligence and Future

Vision”: one of the macro-objectives is “to map
industrial and/or technological, academic and
cultural competences installed in Brazil by
georeferencing” in which one of the actions is
to:

2.3 Conduct studies on the impact of the

creative industry, specifically copyright and
related rights, for the Brazilian economy, aiming
at gathering data and information necessary for
the action and formulation of public policies.

2.3.1 To carry out studies, within the scope of

collective management, for the understanding of
 practices applicable in Brazil and abroad,
through agreements with Brazilian associations
and international entities.

2.3.2 Hold annual seminar to discuss the impact

of copyright in the Brazilian economy and its
challenges, including the existence of
appropriate metrics and dissemination of
information among the actors of the system

3.6 Hold annual events in the main international

markets to disseminate abroad the international
audiovisual co-production agreements between
Brazil and other countries, bilateral and
multilateral, in order to stimulate cooperation
between Brazilian and foreign audiovisual
companies aiming at the joint production of
audiovisual works and the exploitation of their
copyrights in Brazil and abroad.

Broad interpretation of In Strategic Aim 3 “Governance and

exceptions or limitations to
copyright
Institutional Strengthening”:
one of the macro-objectives is to “Improve,
strengthen and modernize the “Escritorios”
(administrative bodies of the government) from
the perspective of efficiency, effectiveness,
economy, accessibility, debureaucratization,
agility and security of all stages of the
registration process” in which one of actions is
to:

1.10 Encourage the “Escritorios” to deepen

international and bilateral cooperation, in
addition to coordinating Brazilian missions
abroad for follow-up and advice on IP-related
matters, including on collective copyright
management.

1.21 To stimulate the cooperation between the

entities of collective management of Copyrights
and the federal public administration body in
charge of the qualification and monitoring of
these entities aiming at the improvement of the
collective management in Brazil, through the
adoption of the best international practices in
collective management.

Trademarks Long delays and Nothing is said on this.

inconsistent practices in
the trademark
 examination, leading to the
registration of trademarks
with disclaimers with
misleading references to the
geographical origin of the
product.
Pharmaceutical There is no law that
products specifically addresses
regulatory data protection
for pharmaceuticals for
human use, which creates
legal uncertainty.
Enforcement IPR enforcement remains a
source of serious
concern. IPR infringements
are still rampant in Brazil
due to the lack of
enforcement capacities,
sufficient resources,
appropriate training and
dissuasive sanctions, in
particular in criminal law. IP
enforcement procedures,
including both of the
customs and the judiciary,
are overly complex, not
fully transparent or
predictable and
unreasonably long,
especially at state level.
Nothing is said on this.
In Strategic Aim 2 “Dissemination, Capacity
Building and Training”: one of the macro-
objectives is to “Train the various actors of the
National Property System of Intellectual
Property and the National Science, Technology
and Innovation System” in which one of the
actions is to:
4.11 Study viability and propose a structure with
responsibility for managing and promoting
virtual training service in IP in an agile and
efficient manner, with monitoring and follow-
up, favouring the creation of a training network:
- Capacity building for Public Servants of the
different spheres;
- Capacity building program for the Judiciary;
In Strategic Aim 3 “Governance and
Institutional Strengthening”:
one of the macro-objectives is to “Ensure the
coordination of public actors and the
implementation of public policies, programs or
projects
related to IP issues” in which one of the actions
is to:
2.1 Establish effective communication channels
to address IP issues among the actors of the
direct and indirect administration at the
federal, state and municipal levels.
2.2 Establish points of continuous inter-
institutional articulation between the
Interministerial Group on Intellectual Property
and representatives from the Legislative and
Judiciary branches to address IP issues
In Strategic Aim 5 “Observance and Legal
Certainty”: one of the macro-objectives is to
“Strengthen enforcement, monitoring and
adjudication mechanisms to combat violations
of intellectual property rights” in which one of
the actions is to:

1.3 Stimulate intellectual property expertise in

the judiciary.

1.4 To promote alternative means of dispute

resolution, strengthening capacities in IP
existing mediation and arbitration centres and
stimulating the creation of new centres
centres specializing in IP.

1.5 Promote annual meetings with the judiciary

to exchange experiences on jurisprudence and
jurisprudence and good practices on the subject
of IP.

2.1 Ensure that the administrative sphere has the

power to open ex officio investigations and the
competence to curb violations through seizure,
interruption of websites and other services used
predominantly for the violation of IP rights,
application of fines and effective procedures to
guarantee IP rights.

2.2 Promote the coordination of actions and

initiatives to combat piracy and
counterfeiting through institutional
strengthening of the National Council on
Combating Piracy and Intellectual Property
Offenses (CNCP).

2.3 Increasing the capacity of enforcement

agents or agencies at various levels
including strengthening IPR cells in the
country's police forces and strengthening
measures to control counterfeiting and
piracy.

2.4 Assess possibilities and make proposals for

the establishment of police stations
specialized in crimes police stations
specializing in crimes against Intellectual
Property.

2.5 Integrate the databases among inspection

and registration agencies and facilitate
 communication channels between owners
who are victims of piracy and the
authorities.

2.6 Adopt international indicators and

mechanisms to quantify violations of
intellectual property violations, especially
with regard to measuring the damage caused
by piracy and counterfeiting.

2.7 Adopt strict measures to curb the

manufacture and sale of counterfeit brands,
adulterated and counterfeit medicines.

2.8 Intensify investigations into the origin of

goods infringing IP Rights.

All measures in p. 89-91 are relevant for this

purpose.
- Whether the strategy mentions repeal of rules on patent term extension? No