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The discussion on reintroducing a patent term adjustment (PTA) mechanism has resurfaced in Brazil’s healthcare sector, bringing renewed attention to regulatory predictability and innovation incentives.

While part of the industry views the mechanism as a way to strengthen legal certainty and attract investment, stakeholders linked to generics, biosimilars, and public health argue that the current framework already provides sufficient protection without extending patent terms.

Regulatory background

Since 2021, Brazil has not maintained a mechanism to compensate for delays in patent examination. This followed a Supreme Court ruling that invalidated provisions guaranteeing a minimum patent term in such cases.

Legislative proposals are now under discussion to reintroduce a structured adjustment model, including:

• Proportional extensions based on administrative delays
• A maximum adjustment period of up to five years
• Defined deadlines for requesting adjustments after grant

These proposals aim to align Brazil with international practices.

Predictability and innovation impact

Predictability in patent systems is a key factor influencing R&D investment decisions.

Extended examination timelines can:

• Reduce legal certainty over intellectual property rights
• Increase transaction and licensing costs
• Delay market entry of new technologies

Compared to leading economies such as China, Brazil’s patent activity remains significantly lower, reinforcing the debate on how to strengthen its innovation ecosystem.

Patent Term Adjustment (PTA)

PTA is a mechanism designed to compensate patent holders for undue administrative delays in the examination process.

Its main features include:

• Case-specific application rather than automatic extension
• Eligibility tied to unjustified delays by the patent office
• Objective of restoring effective exclusivity time

The mechanism is widely used internationally to balance protection and regulatory efficiency.

Trade-offs: access vs. innovation

Reintroducing PTA involves a strategic policy choice:

• Access-oriented approach: prioritizing affordability through generics and biosimilars
• Innovation-driven approach: encouraging investment and technology inflow

Balancing these priorities is critical in a sector characterized by high development costs and strong reliance on intellectual property protection.

Next steps

The debate continues across legislative and industry forums. Any future adoption of a PTA mechanism is expected to influence:

• Investment strategies in Brazil
• Competitive dynamics in the pharmaceutical sector
• Access to new treatments and technologies

Novo Nordisk has been denied an injunction request seeking to prevent Brazilian pharmaceutical company EMS from using the trademark Ozivy for a semaglutide-based drug. The decision was issued by Brazil’s Federal Regional Court of the 2nd Region (TRF-2) on July 31, 2026.

The ruling upholds the first-instance decision and maintains the validity of the trademark registration granted by the Brazilian Patent and Trademark Office (BPTO). At the same time, the case proceeds on the merits.

Trademark similarity dispute

Novo Nordisk argued that Ozivy partially reproduces elements of its registered trademarks Ozempic and Wegovy, both associated with semaglutide-based medications.

According to the company:

• The prefix “Oz” derives from Ozempic
• The suffix “vy” refers to Wegovy
• The combination could create undue association between products

The company also claimed:

• Alternative names were available
• The trademark was chosen in bad faith
• Market association had already occurred

As supporting evidence, Novo Nordisk cited media coverage and social media posts referring to the EMS product as:

• “Brazilian Ozempic”
• “Local Ozempic”
• “EMS Ozempic”

Court’s reasoning

Reporting judge José Eduardo Nobre Matta emphasized that suspending a trademark registration requires a thorough evidentiary review and is not appropriate for preliminary relief.

Key points of the decision include:

• BPTO registrations carry a presumption of validity
• Revocation requires full judicial examination
• No exclusivity exists over prefixes or suffixes in isolation

The court highlighted that trademark protection must consider the overall impression of the sign rather than isolated components.

Evidence assessment and bad faith claims

Regarding the evidence presented, the court found that the references allow for multiple interpretations.

The association between the EMS product and Ozempic may stem from:

• Its launch as the first competitor after patent protection expired
• The shared active ingredient (semaglutide)

On bad faith allegations, the judge stated that:

• It is a serious claim
• It cannot be presumed
• It must be examined during the full proceedings

Impact and next steps

The court also considered the potential impact of granting the injunction.

It concluded that suspending the trademark and preventing its use shortly after market entry could lead to irreversible consequences.

As a result, the TRF-2:

• Maintained the Ozivy trademark registration
• Allowed EMS to continue using the brand
• Denied Novo Nordisk’s injunction request

Brazilian Patent and Trademark Office (BPTO) has formalized the hiring of specialized training services for its leadership team, focusing on people analytics capabilities. The total investment is estimated at USD 55,000, according to a contract notice published in the Official Gazette on July 30, 2026.

The initiative includes the program “Development of People Management and Leadership Teams with People Analytics – Full Cycle,” delivered by Minder People Analytics Ltda. in a hybrid format that combines online sessions and in-person meetings in Rio de Janeiro.

Public management modernization

The program aims to strengthen BPTO leadership’s analytical capabilities by integrating data-driven tools into decision-making processes.

People analytics (the practice of collecting, organizing, and analyzing workforce data) has been increasingly adopted in Brazil’s public sector to:

• Improve administrative efficiency
• Optimize workforce allocation
• Support talent retention strategies
• Reduce operational costs

According to the project’s terms of reference, the training will cover the full methodology cycle, including:

• Government data collection
• Performance indicator analysis
• Organizational climate assessment
• Productivity monitoring

The initiative aligns with broader efforts by federal agencies to adopt corporate governance best practices and advance digital transformation.

Contract details and legal framework

Contract No. 19/2026 will be valid for 12 months, from July 30, 2026 to July 30, 2027.

Key details:

• Total value: R$ 278,000
• Administrative process: 52402.000551/2026-91
• Legal basis: Article 74, III, “f” of Law No. 14,133/2021
• Procurement model: Direct contracting (non-competitive)

Brazilian procurement law allows direct hiring when competition is not feasible for specialized intellectual services, such as training.

About people analytics

People analytics replaces intuition-based management with data-driven decision-making.

In the public sector, it can enable:

• More effective workforce allocation
• Identification of training needs
• Greater accuracy in personnel management

Minder People Analytics Ltda., the contracted company, specializes in consulting and training, using tools and methodologies to convert large volumes of data into actionable insights.

Dates for the in-person sessions in Rio de Janeiro will be scheduled throughout 2026, in line with the agency’s internal planning.

Recife has been nominated to represent Brazil in the inaugural edition of the WIPO City of Innovation, an international award promoted by the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations focused on innovation, creativity, and intellectual property protection.

Brazil’s Ministry of Foreign Affairs, through its Intellectual Property Division, made the nomination, selecting three Brazilian cities for the initial stage of the competition. WIPO will evaluate the applications and is expected to announce the finalists by the end of September.

The award ceremony is scheduled for October 12 in Geneva, Switzerland, during the 6th UN Mayors Forum.

Recognition of an innovation-driven strategy

Recife’s nomination reflects recognition of a structured strategy to leverage innovation as a driver of economic and social development.

The city’s model is based on collaboration between:

• universities
• research centers
• startups
• companies
• public authorities

This integrated ecosystem seeks to transform knowledge into practical solutions, generating jobs, opportunities, and social impact.

Key initiatives and public policies

Recife’s application highlights several initiatives focused on strengthening innovation, applied research, and intellectual property, including:

• NITRO Program: developed in partnership with Porto Digital, aimed at strengthening Technology Innovation Centers (NITs), increasing IP filings, and accelerating technology transfer
• NIT Recife Network: part of the UniverCidade Program
• CORETO Program: promoting innovative entrepreneurship
• Municipal policies on open innovation, digital transformation, and startup support

These initiatives reinforce Recife’s strategy to foster a dynamic innovation ecosystem and knowledge-based economy.

Intellectual property as a development driver

The WIPO City of Innovation award evaluates how cities leverage intellectual property to:

• drive innovation
• promote sustainable development
• support the creative economy
• expand opportunities for entrepreneurs and researchers

Recife’s participation highlights the growing role of intellectual property in building more innovative, competitive, and sustainable cities.

Brazil ranks among the world’s top seven economies in investment in intangible assets, with total investment of US$ 312 billion in 2023, according to the report “Brazil in the Global Landscape of Intangible Investments” published by the Brazilian Patent and Trademark Office (BPTO).

Intangibles represent a significant share of GDP

According to the report, intangible investments already account for 7.6% of Brazil’s GDP, a level comparable to traditional sectors such as:

• agriculture (6.0%)
• financial sector (6.6%)
• and above extractive industries (3.7%)

This highlights the growing importance of assets such as software, databases, brands, industrial designs, and research and development (R&D) in the Brazilian economy.

Strong performance in trademark investments

One of the key highlights is Brazil’s position in trademark-related investments. The country ranks 5th globally, with approximately US$ 79 billion, surpassing economies such as France, Italy, and Spain.

Trademarks account for around 25% of Brazil’s total intangible investments, a higher share than that observed in the United Kingdom, underscoring their strategic importance in the business environment.

Underestimation remains a challenge

Despite these figures, the report indicates that approximately 72% of intangible investments in Brazil are not captured in National Accounts.

This is due to international accounting standards that treat expenditures on assets such as brands and organizational capital as expenses rather than investments — a pattern also observed across other economies.

Global trend: intangibles drive growth

Globally, the data reveal a structural shift: since 2008, investments in intangible assets have grown, on average, more than three times as fast as tangible investments.

By 2025, these investments exceeded US$ 10 trillion, consolidating their role as a key driver of the global economy.

Strategic implications

The rise of intangible investments reinforces the role of intellectual property as a core driver of competitiveness.

For Brazil, key priorities include:

• improving measurement frameworks
• strengthening innovation policies
• increasing private sector participation
• ensuring effective IP protection

Beyond investment levels, the real challenge lies in converting intangible assets into sustainable economic value.

Brazil has consolidated its position as the leading innovation hub in Latin America, accounting for 45.6% of all patent filings in the region, according to data from the Economic Commission for Latin America and the Caribbean (ECLAC).

The figure places the country ahead of major regional economies such as Mexico, Argentina, and Chile, reinforcing its prominence within the regional intellectual property landscape. However, the data also reveals a more nuanced scenario: despite its leadership, innovation in the region still heavily depends on foreign players.

Mexico ranks second with approximately 34% of filings, while Argentina and Chile hold significantly smaller shares. Together, Brazil and Mexico account for nearly 80% of all patent applications in Latin America, highlighting the geographic concentration of innovation in the region.

High dependence on foreign technology

One of the most relevant findings of the report is that over 85% of patent filings in Latin America are made by non-residents, particularly companies from the United States and Europe.

This indicates that although Brazil leads in volume, a substantial portion of the technologies protected within its territory originates abroad, limiting the country’s ability to capture economic and technological value.

At the same time, there are encouraging signs: the share of local applicants has been gradually increasing. The data show growing participation by Latin American inventors and companies, suggesting a gradual strengthening of the region’s innovation capabilities.

Universities play a growing role

Another key highlight is the increasing participation of universities and public research institutions in patent filings. While their contribution has expanded, the private sector’s relative share has declined.

This dynamic suggests that a significant portion of high-value innovation still originates within academia, but faces challenges in reaching the market and generating large-scale economic impact.

Strategic challenge: turning science into business

The scenario reinforces a critical point for Brazil: the need to convert scientific output into applied innovation and competitive advantage.

In a global landscape where intangible assets and intellectual property are central to the knowledge economy, increasing the participation of domestic companies in developing and exploiting technologies will be essential to:

• enhance industrial competitiveness
• reduce external dependence
• strengthen local value chains
• attract strategic investments

Beyond leading in filing volume, Brazil’s challenge lies in transforming this position into a sustainable economic advantage.

Strategic Insight

Brazil’s leadership in patent filings reflects a relatively structured intellectual property system, but also exposes a typical gap found in emerging economies:

• strong scientific base
• limited market-oriented innovation

In this context, public policies, incentives for business innovation, and effective technology transfer mechanisms will be key to balancing the system.

Additionally, the scenario highlights the importance of institutions such as the Brazilian PTO (INPI) in fostering a more efficient, predictable, and innovation-driven environment.

Brazil’s Industrial Property Law (Law No. 9,279/1996) marks its 30th anniversary in 2026 as a cornerstone of the country’s economic and legal modernization.

Over the past three decades, the law has played a key role in fostering a safer environment for innovation, investment, and technology transfer.

Beyond celebration, this milestone invites reflection on how the IP system has evolved — and how it must adapt to a knowledge-based and digital economy.

A foundation for innovation and legal certainty

At the time of its enactment, the law aligned Brazil with international standards, establishing modern rules for:

• Patents
• Trademarks
• Industrial designs
• Geographical indications

This framework enhanced legal predictability, encouraged R&D investment, and strengthened business competitiveness.

It also contributed to institutional development, including specialized courts and more consistent IP case law.

Evolution of the Brazilian PTO 

Over time, the Brazilian Patent and Trademark Office has advanced significantly, including:

• Process digitalization;
• Improved examination systems;
• Expanded international cooperation;
• Increased administrative efficiency.

While progress is clear, structural challenges remain part of the ongoing modernization process.

New challenges: digital economy and AI

The law was created before the rise of the digital economy. Today, emerging technologies challenge traditional IP concepts, including:

• Artificial intelligence;
• Biotechnology;
• Digital assets;
• Global platforms.

The current position of the Brazilian PTO is that inventions autonomously generated by AI are not patentable — a topic still under global debate.

These developments raise important questions about authorship, ownership, and the use of IP in digital environments.

A moment for dialogue and reform

In 2026, the Brazilian PTO and the Ministry of Development, Industry, Trade and Services are promoting a national dialogue to assess the law and discuss potential updates.

This initiative aims to gather input from stakeholders across industry, academia, and the legal community.

Implications for international businesses

• The maturity of Brazil’s IP system;
• A strong commitment to legal certainty;
• Openness to regulatory evolution.

These factors are essential for strategic decisions involving innovation and market expansion in Brazil.

How Tavares IP can support

Navigating an evolving IP landscape requires expertise and strategic insight.

Tavares IP supports companies in protecting, managing, and maximizing their intangible assets in Brazil, closely monitoring regulatory developments.

On June 23, 2026, the Brazilian Patent and Trademark Office (BPTO) updated its Trademark Guidelines, introducing relevant changes that directly impact trademark protection strategies in Brazil.

The updates focus on two key areas: recognition of highly renowned trademarks and procedures under the Madrid Protocol.

Highly renowned trademarks: increased flexibility

One of the main changes allows the recognition of highly renowned status based on multiple registrations, provided that:

• The same trademark sign is used;
• It covers different goods or services.

This update, aligned with Ordinance INPI/PR No. 68/2026, provides greater flexibility for brand owners operating across multiple market segments.

Highly renowned status ensures special protection across all classes, regardless of the scope of registration, making it a highly valuable asset for established brands.

Madrid Protocol: adoption of Madrid e-Filing system

The updated Guidelines also introduce specific instructions for filing international trademark applications under the Madrid Protocol.

Applications must now be submitted through the Madrid e-Filing system, offering:

• Greater standardization;
• Integration with WIPO’s global system;
• Improved efficiency in international filings.

This development reinforces Brazil’s commitment to international harmonization and simplifies procedures for foreign applicants.

How Tavares IP can help

Keeping up with regulatory changes is essential for effective IP management.

Tavares IP supports companies in navigating Brazil’s trademark system, including highly renowned status recognition and Madrid Protocol filings.

Brazil’s latest seed deposit at the Svalbard Global Seed Vault in Norway highlights the country’s strategic role in global biodiversity preservation and food security.

Led by Embrapa, the initiative includes crops such as cashew, beans, peanuts, castor beans, and sesame, adding to the vault’s 1.38 million seed samples from over 5,000 species.

The strategic role of genetic banks

Seed banks like Svalbard serve as critical infrastructure to safeguard genetic resources against threats such as climate change, conflicts, and pests.

In this context, genetic resources are not only biological assets but also strategic and economic ones.

Biodiversity as an intellectual property asset

Brazil’s participation reinforces the growing intersection between biodiversity and intellectual property.

Genetic resources are essential for:

• Agricultural innovation;
• Biotechnological development;
• Creation of new products and industrial processes.

This raises key legal and strategic issues, including:

• Access and benefit-sharing (ABS);
• Plant variety protection;
• Biotechnology patents;
• Sovereignty over genetic resources.

Brazil’s global relevance

With over 8,000 deposited samples, Brazil stands out as a key global biodiversity player.

Its domestic infrastructure — including one of the largest genetic banks in Latin America — further demonstrates its technical capacity in conservation and research.

Implications for businesses

• Access to genetic diversity for innovation;
• Compliance with biodiversity regulations;
• Protection of derived assets (patents, plant varieties, know-how).

Foreign companies entering Brazil must navigate a complex but increasingly structured legal framework.

How Tavares IP can support

Navigating the intersection of biodiversity and IP requires specialized expertise.

Tavares IP supports companies in protecting innovations related to genetic resources, including patents, plant varieties, and regulatory strategies in Brazil.

The recognition of PIX as a highly renowned trademark by the Brazilian Patent and Trademark Office (BPTO) represents a milestone in Brazil’s intellectual property landscape.

Originally launched as an instant payment system by the Central Bank, PIX has rapidly evolved into one of the most valuable intangible assets in the country. With this new status, it now enjoys the highest level of trademark protection under Brazilian law.

What does “highly renowned trademark” status mean?

Under Article 125 of the Brazilian IP Law, highly renowned trademarks are granted protection across all sectors of economic activity, regardless of their registration class.

In practice, this means:

• The term “PIX” cannot be registered by third parties in any sector.
• Protection extends beyond financial services.
• Unauthorized use may result in legal enforcement and damages.

This recognition is reserved for trademarks that demonstrate exceptional levels of public awareness, trust, and reputation.

A nationwide asset

PIX’s scale highlights its strategic importance:

• BRL 35.36 trillion in transactions in 2025.
• Nearly 80 billion transactions.
• 54.7% share of all payment transactions in Brazil.

This level of adoption positions PIX as both a financial and institutional asset.

Protection against misuse and unfair association

Highly renowned status strengthens enforcement against:

• Unauthorized associations.
• Opportunistic commercial use.
• Consumer confusion.

It also reinforces the role of trademarks as key drivers of value, trust, and legal certainty in digital economies.

International context and regulatory tensions

The recognition comes amid international scrutiny, particularly from U.S. authorities, who have raised concerns about competitive impacts on global payment companies.

In this context, trademark protection also plays a strategic role in safeguarding national infrastructure and regulatory autonomy.

Implications for international businesses

For foreign companies, the PIX case offers key insights:

• The growing importance of intangible assets in emerging markets is important.
• The strategic value of enhanced trademark protection.
• The role of IP as a business asset, not merely a legal tool.

It also reflects the maturity of Brazil’s IP system in protecting high-impact assets.

How Tavares IP can support

Achieving highly renowned trademark status requires strong evidence, strategic planning, and technical expertise.

Tavares IP supports companies in protecting, managing, and strengthening their trademarks in Brazil, including strategies for achieving enhanced protection.

Contact our team to learn how to protect and leverage your brand assets in Brazil.