Arquivos do Mês: April 2025

Rising Awareness of IP Protection Among Innovative Startups in Brazil

According to the Brazilian Patent and Trademark Office (BPTO), the number of trademark filings by small businesses in Brazil, including individual microentrepreneurs (MEIs), microenterprises (MEs), and small enterprises (EPPs), grew from 23,422 in December 2020 to 31,222 in December 2024, marking a 33% increase. Software registration applications almost doubled in the same period, rising from 311 to 617.

This growth highlights the strengthening of intellectual property (IP) awareness among innovative and tech-based companies in Brazil. Initiatives such as Catalisa ICT, Inova Cerrado, Inova Pantanal, and Startup Nordeste, supported by a partnership between SEBRAE and BPTO, have played a key role in mentoring startups and guiding them through IP protection strategies.

IP Awareness and the Global Stage

This discussion gains even more relevance in light of World Intellectual Property Day, celebrated globally on April 26. The 2025 theme, “IP and Music: Feel the Beat of IP,” highlighted the connection between intellectual property and creative expression, reinforcing the importance of protecting innovation in all its forms.

Want to register a trademark, patent, or software in Brazil?

The growing number of IP applications by small businesses strongly indicates a maturing market and an opportunity for global partnerships and investments.

Contact Tavares IP to discover how we help foreign companies navigate the Brazilian IP landscape efficiently and strategically.

As a direct response to the recent trade sanctions imposed by the United States, President Luiz Inácio Lula da Silva has signed the Reciprocity Law into law without vetoes. Approved with bipartisan support in Congress, the new legislation gives Brazil a solid legal basis to retaliate against unilateral commercial actions by other countries, including the suspension of intellectual property obligations.

This legal framework allows Brazil to:

• Impose additional import tariffs;
• Suspend trade concessions;
• Temporarily disregard international commitments on IP rights when targeted by hostile economic measures.

Although Brazil has not yet implemented concrete measures against the U.S., this law signals a strategic shift and prepares the country to respond more assertively on the global stage.

The law includes:

• Proportional retaliation based on economic impact;
• Tariffs on goods and services from the country or economic bloc;
• Suspension of obligations related to IP rights under trade agreements;
• Public consultation and technical evaluation (except in urgent cases that justify immediate action).

The Economic Reciprocity Law, approved by the Brazilian Senate on Tuesday, April 1st, allows the Brazilian government to impose trade retaliation measures against countries that establish barriers to Brazilian products.

The legislation, which received unanimous support, aims to create a fairer international trade environment. However, including provisions related to intellectual property has sparked discussions regarding its potential impacts on legal security and innovation in Brazil.

What is the Reciprocity Law?

The Economic Reciprocity Law allows Brazil to apply countermeasures, such as import restrictions and additional tariffs, against countries imposing trade barriers on Brazilian exports. This initiative seeks to strengthen the country’s global trade position and protect national industries.

Additionally, an amendment approved in the Senate limits patent flexibility to exceptional cases, which could significantly affect the intellectual property sector.

Impacts on Intellectual Property

The new legislation is expected to impact intellectual property in Brazil and internationally.  While it may enhance predictability for intellectual property protection, questions remain about its application and potential long-term effects on Brazil’s competitiveness.

Challenges and Global Context

The Reciprocity Law was passed amid transformations in international trade, particularly as the World Trade Organization (WTO) faced difficulties resolving trade disputes.

With the WTO’s arbitration system weakened, countries have increasingly resorted to unilateral measures to protect their markets. This evolving landscape requires companies in the intellectual property sector to monitor regulatory changes and adjust their strategies closely.

How to Prepare for These Changes?

For companies and inventors seeking to understand the impacts of the Reciprocity Law on intellectual property, staying informed and having access to specialized advisory services is crucial.

Tavares IP offers strategic guidance to help clients navigate this new regulatory environment confidently.