On August 29, 2022, the Brazilian Chamber of Deputies approved Brazil’s accession to the Geneva Act of the Hague Agreement concerning the International Registration of Industrial Designs (Draft Decree No. 274/22). The proposal will now be submitted to the Senate for analysis.

The deputy and rapporteur of the Project, Adriana Ventura, recommended the approval and pointed out: “The integration of the country to the international system of industrial design registrations will allow national owners, when registering their creations, the possibility of simple, fast, and low-cost protection in the territories of 92 countries, among which are almost all the major economies in the world”.

Ms. Ventura further states that companies and owners from these countries will find it just as easy to register their industrial designs in the Brazilian market, and that this will make Brazil more attractive to investments, especially in design and innovation-intensive sectors.

Today, Brazilian legislation and the treaties in force restrict the protection of industrial designs to the territory under Brazilian jurisdiction. By adhering to the Geneva Act, Brazilian owners will be able, through a single international submission, to request the registration of their industrial design in 92 countries, including the United States, Japan, and the United Kingdom.

Industrial designs of foreign origin and registered with the International Bureau of the World Intellectual Property Organization (WIPO) will also enjoy protection in Brazil.

It is expected that Brazil’s accession to the Geneva Act will reduce transaction costs for the sectors that work with design and innovation. In addition, the government states that the proposal should facilitate the negotiation and conclusion of trade agreements by expanding the country’s common legal base with major trading partners.

 

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