The article “Key Issues in Life Science Patent Prosecution in Brazil,” authored by Rebeca Rocha and Marcelo Bruce Baptista, was published in the Recht & Steuern newsletter by the Brazil-Germany Chamber of Commerce and Industry of São Paulo (AHK/São Paulo).

The article discusses the INPI’s approach to patent applications in the Life Science sector, with a focus on legal exclusions and the importance of precise claim drafting. It also provides practical insights on how to navigate examination requirements and ensure effective patent protection in Brazil.

Read the full article in the 4th edition on the AHK website.

José Roberto de Almeida Junior and Jéssica Jatobá de Lima analyze recent developments in Brazilian trademark law in the article “Brazilian PTO establishes rules for the recognition of acquired distinctiveness in trademarks”, published by Legal 500.

The Brazilian Patent and Trademark Office (BPTO) has introduced new rules for the recognition of secondary meaning, representing a significant step in aligning Brazil’s trademark system with international standards.

The new regulation brings greater legal certainty and directly impacts trademark registration and protection strategies in Brazil, especially for signs that, although originally weak or descriptive, have acquired distinctiveness through use.

Read the full article and learn how this change may influence trademark protection in Brazil on the website.

The article “Recent Changes in Brazilian Trademark Law”, authored by Jiuliano Maurer and Chairin Kong, was published in the “Recht & Steuern” newsletter of the Brazil-Germany Chamber of Commerce and Industry of São Paulo (AHK/São Paulo).

The article addresses significant changes introduced by the BPTO, including the recognition of secondary meaning, new criteria for the recognition of highly renowned marks, updated guidelines for slogan registrations, fast-track examination procedures, and a simplified opposition procedure.

Read the full article here.

The Brazilian government has approved Resolution GIPI/MDIC No. 14, dated August 1st, which establishes the 2025–2027 Action Plan for the National Intellectual Property Strategy (ENPI). This initiative represents a significant step toward strengthening Brazil’s intellectual property system and positioning IP as a strategic pillar for innovation, competitiveness, and economic development.

Comprising approximately 150 actions, the plan focuses on expanding an IP-driven innovation ecosystem, with special attention to startups and small and medium-sized enterprises. Among its main goals are encouraging the strategic use of intellectual property to support business growth, including its use as collateral for credit, as well as fostering mentorship programs and postgraduate scholarships aimed at empowering new businesses and talent.

The Action Plan also addresses regional development, promoting initiatives in less developed areas of the country, such as the Amazon, to ensure a more inclusive and balanced innovation landscape nationwide.

Another central pillar of the strategy is the modernization of the Brazilian Patent and Trademark Office (BPTO). Measures include the use of artificial intelligence, enhanced examiner training, and improvements to the administrative structure, all aimed at optimizing procedures and making IP protection more accessible, efficient, and reliable.

To ensure effectiveness and adaptability, the implementation of the plan will be closely monitored through semi-annual reports, with the possibility of annual adjustments in line with market needs and technological developments.

Bhering Advogados is closely monitoring these developments and remains committed to guiding clients through this transformative period, helping them leverage intellectual property as a strategic asset in an evolving regulatory and economic environment.

The article “Brasilien intensiviert Bemühungen im Bereich geistiges Eigentum: Aktuelle Maßnahmen und Pläne“ (in English: “Brazil intensifies efforts in the field of Intellectual Property: Current measures and plans”) authored by Philippe Bhering and Marina Rossit, was published in the first edition of 2024 in the Newsletter “Recht & Steuern” by the Brazil-Germany Chamber of Commerce and Industry of São Paulo (AHK/São Paulo).

The article in question discusses significant changes in Brazil’s Intellectual Property landscape. It highlights efforts by the Brazilian Patent and Trademark Office (INPI) to reduce the backlog of patent applications awaiting examination. Notably, adjustments in the examination queue aim to streamline the process in line with international standards. Additionally, it outlines the government’s Action Plan 2023-2025 for Intellectual Property, focusing on reducing the decision time regarding patent applications. Changes in transfer pricing rules, Brazil’s accession to the Hague Agreement, and updates in design registration procedures further illustrate Brazil’s commitment to enhancing its Intellectual Property system to foster innovation and economic development.

Read the full article here (in German).

Philippe Bhering and Jiuliano Maurer wrote the chapter on Brazilian Law for the “Getting The Deal Through – Licensing 2024” guide, providing insights into Intellectual Property and competition law issues in Brazil, as well as covering litigation and the latest trends in said area.

Since 1996, the “Getting The Deal Through” publication series has offered international comparative guides to law and regulation in 120 practice areas and more than 150 jurisdictions. It contains concise explanations of the most important regulatory matters that arise in business deals and disputes worldwide.

More information about the “Getting The Deal Through” series is available here.*

*Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Licensing 2024.

Philippe Bhering and Jiuliano Maurer wrote the chapter on Brazilian Law for the twelfth edition of the book The Intellectual Property Review, published annually by Law Business Research Ltd. The Law Reviews are an important collection of books that offer accessible insight into several areas of Law in the world’s major jurisdictions.

Bhering Advogados’ chapter covers Brazilian Law in the areas of patents, industrial designs, trademarks, copyright and neighboring rights, trade secrets, software, recent developments and practice updates of the Brazilian PTO, litigation and enforcement of IP rights, and IP trends.

As legal practice continues to become increasingly transnational, practitioners need to have a grasp not only of foreign legislation and legal rules but also of the basic structure and processes of civil procedure in various jurisdictions. The Law Reviews provide a broad business-oriented overview of current legal and procedural issues, alongside analysis of important cases and issues in each area of law covered.

Click here to read the article.

Philippe Bhering and Jiuliano Maurer wrote the chapter on Brazilian Law for the “Getting the Deal Through – Patents 2023” guide, with insights into patent prosecution, litigation, licensing and latest trends in Brazilian practice and legislation.

Since 1996, the “Getting the Deal Through” publication series provides international comparative guides to law and regulation in 120 practice areas and more than 150 jurisdictions containing concise explanations to the most important regulatory matters that arise in business deals and disputes worldwide.

More information about the “Getting the Deal Through” series is available at:  www.lexology.com/gtdt .

Click here to download a copy of the “Brazil” chapter of the “Getting the Deal Through – Patents 2022” guide*.

*Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Patents 2023.

Philippe Bhering and Jiuliano Maurer wrote the chapter on Brazilian Law for the “Getting the Deal Through – Licensing 2023” guide, with insights into Intellectual Property and competition law issues in Brazil, in addition to litigation and the latest trends in said area.

Since 1996, the “Getting the Deal Through” publication series provides international comparative guides to law and regulation in 120 practice areas and more than 150 jurisdictions containing concise explanations to the most important regulatory matters that arise in business deals and disputes worldwide.

More information about the “Getting the Deal Through” series is available at: www.lexology.com/gtdt

Click here to download a copy of the “Brazil” chapter of the “Getting the Deal Through – Licensing 2023” guide*.

*Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through – Licensing 2023.