Should I register my Intellectual Property in Brazil to protect it?

As part of the Berne Convention, Brazil does not require any formal registration to provide protection to Copyright works; the work will be automatically protected from the moment of its creation. Nevertheless, registration may very useful in enforcement actions as a proof of ownership, and of the date of creation or the content of the work itself.

Regarding trademarks, patents, designs and utility models, Brazilian Law adopts the first to file principle, what means that exclusive rights are granted to the party that firstly register the relevant IP right in Brazil. Therefore, to benefit from full legal protection and turn intangible assets into tradable assets, it would be necessary to register your creations.

Nevertheless, this trademark system offers protection to unregistered famous and well-known trademarks (this latter protection in accordance with its international obligations under the Paris Convention and the TRIPS Agreement) and, in addition, it provides a “preferential right” for obtaining registration to the person who has been using a trademark to distinguish an identical, similar or alike product or service, in good faith for at least 6 months before the application inside the national territory. On the other hand, be aware that in contrast with Europe, unregistered designs are not protected in Brazil.

If you want to know more about how to protect your creations, and get tailored advice to your specific case, contact our Helpline. It is free, fast and confidential.