Legal framework

Five instruments. The entire base.

Brazilian industrial and intellectual property is organized around five central instruments. Here you find the summary of each, the related practice areas, and the link to the official text on Planalto.

Law 9,279/96

Industrial Property

Regulates rights and obligations regarding industrial property: invention patents, utility models, industrial designs, trademarks, geographical indications, crimes against industrial property and unfair competition.

Plant Variety Protection

Enacts protection for new plant varieties and for essentially derived varieties, granting the breeder a sui generis right exercised before the Brazilian Plant Variety Office (SNPC).

Plant Variety Protection

April 25, 1997

Law 9,610/98

Governs the author's rights over intellectual works, neighboring rights, registration, assignment and licensing, civil remedies and the structure of collective management.

February 19, 1998

Law 9,609/98

Software

Regulates the intellectual property protection of computer software, its registration with the INPI, licensing and technology transfer contracts, and user guarantees.

February 19, 1998

Decree 10,033/2019

Madrid Protocol

Domestic enactment of the Madrid Protocol, the international trademark registration system administered by WIPO/OMPI that allows protection in up to 130 member countries through a single coordinated filing.

Trademarks

October 1, 2019

Coverage map

Each practice, its central statute.

Practice	Central statute
Trademarks	Law 9,279/96Industrial Property
Patents	Law 9,279/96Industrial Property
Industrial Design	Law 9,279/96Industrial Property
Unfair Competition	Law 9,279/96Industrial Property
Plant Variety Protection	Law 9,456/97Plant Variety Protection
Copyright	Law 9,610/98Copyright
Copyright	Law 9,609/98Software
Trademarks	Decree 10,033/2019Madrid Protocol

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