INTELLECTUAL PROPERTY

INTELLECTUAL PROPERTY

Intellectual property refers to intangible creations of the human intellect that are protected by law. Examples of intellectual property include patents, trademarks, industrial designs, copyrights (droit d’auteur), software, and trade secrets.

The purpose of intellectual property law is to provide creators and inventors with exclusive rights to their creations. And the best way to protect these creations is by registering them with the appropriate governing body.

In Brazil, the National Institute of Industrial Property (INPI) is the federal authority responsible for the promotion and protection of industrial property rights.

PATENTS

A patent is an intellectual property right that provides the owner (applicant) with a time-limited monopoly to prevent others from producing, selling, importing and exporting the protected invention. In exchange for this exclusive right, the applicant must disclose details of the invention to the public.

To register a patent in Brazil, the applicant must follow the procedures set out by the National Institute of Industrial Property (INPI). The process can be complex, which is why it is recommended to work with an IP law firm that is familiar with the Brazilian patent legal system to help guide the applicant through the process and to ensure that the application is properly prepared and filed.

Once the patent application is granted, the protection may last up to 20 (twenty) years for inventions and up to 15 (fifteen) years for utility models from the filing date.

TRADEMARKS

Trademark protection provides the owner with the exclusive right to use the mark in connection with their goods or services and to prevent others from using a confusingly similar mark.

However, trademark is a territorial right. In other words, trademark protection is granted on a country-by-country basis. This means that a trademark registration granted by the trademark office of one country only applies within the borders of that country, and does not automatically grant protection in other countries.

INDUSTRIAL DESIGNS

Industrial designs are a form of intellectual property that protect the visual appearance of a product. An industrial design is the unique ornamental or aesthetic aspect of a product, including its shape, configuration, pattern, or ornamentation, or a combination of these features.

To register an industrial design in Brazil, the applicant must follow the procedures set out by the National Institute of Industrial Property (INPI). The process can be complex, which is why it is recommended to work with an IP law firm that is familiar with the Brazilian industrial design legal system to help guide the applicant through the process and to ensure that the application is properly prepared and filed.

Once the industrial design is granted, the protection may last up 25 (twenty-five) years from the filing date.

COPYRIGHTS

Copyright is understood as the property right related to the protection of intellectual works conferred to the creator of literary, artistic or scientific work.

In Brazil, copyright protection is automatic and begins as soon as the work is created. However, to legally enforce and protect those rights, it’s recommended to proceed with proper registration.

According to the Brazilian Copyrights Law, the author’s economic rights persist for seventy years from January 1 of the year following their death.

SOFTWARE PROTECTION

Although software is not eligible for patent protection in Brazil, it can be protected as a computer program under the Brazilian Intellectual Property Law of Computer Programs.

Registration with the Brazilian National Institute of Industrial Property will provide evidence of ownership and can be used to enforce the software’s intellectual property rights.

Moreover, code, interface, and user manuals of software are all subject to copyright protection in Brazil.