Arquivos do Mês: June 2025

The Science, Technology and Innovation Committee of Brazil’s Chamber of Deputies has approved Bill No. 3236/2024, recognizing athletes’ intellectual property rights over original sports movements they develop. Other committees will still review the proposal before moving to the final voting stage.

The bill allows athletes to register and commercially exploit not only their unique movements but also other elements of their brand, such as name, sports nickname, image, and voice, under Brazilian Industrial Property Law.

Under the proposed text, an original sports movement is defined as a sequence of techniques, gestures, or maneuvers that demonstrate innovation and originality, subject to validation by national or international sports organizations. Registration in Brazil would provide international protection in line with treaties and agreements to which the country is a signatory.

The approved version, presented by rapporteur Deputy Julio Cesar Ribeiro (Republicans-DF), excludes provisions related to the use of artificial intelligence (AI) in replicating sports movements. According to the rapporteur, AI regulation should be addressed separately under Bill No. 2338/2023, which is still under discussion in the Chamber of Deputies.

The proposal now moves on to be reviewed by the Committees on Industry, Commerce and Services; Sports; Culture; and Constitution, Justice and Citizenship.

On June 11, 2025, the Brazilian Senate approved Legislative Decree Bill No. 466/2022, confirming the country’s accession to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedure. The decree now awaits promulgation.

Administered by the World Intellectual Property Organization (WIPO), the Budapest Treaty was established in 1977 to simplify the deposit process for biological material required in patent applications involving live microorganisms. With this accession, Brazilian inventors will be able to deposit samples at International Depository Authorities (IDAs) located in Brazil.

Currently, Brazilian researchers must send their biological samples to IDAs abroad, such as those in Mexico or Chile, leading to higher costs and additional procedural hurdles.

Following ratification, Brazil may designate national institutions, like Embrapa’s Genetic Resources and Biotechnology Center (Cenargen), as official IDAs. This development is expected to reduce technical barriers, streamline procedures, and strengthen the Brazilian intellectual property system.

The move is also likely to encourage research and development in Brazil, allowing local researchers to participate more actively in global innovation chains.

The Brazilian Patent and Trademark Office (BPTO) signed a new technical cooperation agreement with the Brazilian Association of the Pharmaceutical Inputs Industry (ABIQUIFI) during the BIO International Convention 2025, held from June 16 to 19 in Boston, United States.

BPTO’s president, Júlio César Moreira, participated in the 10th Summit Brazil, a side event to the convention, addressing the role of non-clinical research in the development of innovative medicines and therapies. During the event, the partnership between BPTO and ABIQUIFI was formalized.

The agreement aims to strengthen collaboration between BPTO and the Brazilian pharmaceutical sector by promoting joint actions for capacity building, technology development, and support for innovation. Planned initiatives include BPTO’s participation in ABIQUIFI-led programs, such as “Inovação Radical” (Radical Innovation), which supports startups and companies focused on solutions for rare and severe diseases, as well as training courses on technology pricing.

Additionally, ABIQUIFI will participate in BPTO-organized activities, including events targeting startups and biotech companies, as well as a mentorship program. The partnership aligns with the objectives of Brazil’s National Intellectual Property Strategy (ENPI), particularly Axis 01 (IP for Competitiveness and Development) and Axis 02 (IP Awareness, Training, and Capacity Building).

The BIO International Convention is recognized as one of the leading global events in biotechnology, attracting approximately 20,000 participants from companies, academia, governments, and investors, with a focus on partnership development and innovative solutions.

On June 10, 2025, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 15/2025, establishing the procedures for trademark owners to prove acquired distinctiveness during the registration process. The new rule takes effect on November 28, 2025.

In Brazil, a mark must be distinctive to be registered. Descriptive or generic signs are usually refused. However, if a sign becomes widely recognized by consumers as identifying a specific source, due to continuous use, it may qualify for protection through acquired distinctiveness.

Although the concept is not new, this is the first time BPTO has formally outlined the procedures for recognition in trademark applications.

What changes?

The ordinance defines when and how applicants can request this examination, including at the time of filing, after publication, in appeals, or when responding to oppositions or nullity actions.

Applicants must demonstrate at least three years of continuous use and provide evidence that the relevant public associates the sign exclusively with the brand owner.

A special 12-month grace period will be available, starting from the effective date, for applicants with pending cases or marks involved in cancellation proceedings to file for acquired distinctiveness outside the regular stages of the process.

The regulation reflects feedback gathered during a public consultation and user meetings held between 2024 and 2025, as part of the BPTO’s initiative to improve dialogue and transparency in the trademark system.

Your trademark might qualify?

Tavares IP is ready to guide you through this new procedure and help secure your rights in Brazil.

The BMW Group has filed a lawsuit against Chinese automaker BYD in Brazil over the use of the name “Dolphin Mini” for one of its electric vehicle models. BMW argues that using the term “Mini” could mislead consumers, creating an improper association with its long-established brand, registered in multiple jurisdictions.

The case is pending before the 5th Business Court of the Capital of Rio de Janeiro and seeks to prevent what BMW alleges are acts of trademark infringement and unfair competition. The German group maintains that BYD is attempting to benefit from the goodwill associated with the MINI brand, while clarifying that it does not aim to halt BYD’s operations but to safeguard its trademark identity.

In its defense, BYD contends that BMW does not hold exclusive nominative rights over the term “MINI” in Class 12 at the Brazilian Patent and Trademark Office (BPTO), covering motor vehicles. The Chinese automaker further notes that the term is commonly used within the industry and that the BPTO rejected BMW’s previous attempt to register the standalone “MINI” trademark.

BMW’s request for an injunction was denied, with the presiding judge emphasizing the need for a more detailed examination of the arguments presented by both parties.

Specialized assistance for trademark protection in Brazil

Tavares IP offers specialized legal and technical support for managing trademarks, patents, and other intellectual property rights in Brazil and Latin America.

Contact our team to learn how we can help ensure the legal security and strategic protection of your rights.

In May 2025, Brazil reached a total of 153 products registered with Geographical Indication (GI) status by the Brazilian Patent and Trademark Office (BPTO). The most recent recognition was granted to “Carne de Onça” (“Jaguar Meat”) from Curitiba, a traditional dish of the local cuisine.

The Indication of Source acknowledges the product’s reputation and specific characteristics. This typical dish consists of chopped and seasoned raw beef, served over cornbread. The name “Carne de Onça” has been associated with the region’s cultural context since the 1940s.

This marks the 25th GI registration granted in 2024 alone, underscoring Brazil’s ongoing progress in protecting and promoting regional products. The expansion of Brazil’s GI system reflects increasing awareness of the role of intellectual property in fostering economic development and cultural preservation.

Specialized assistance in Geographical Indications and intellectual property

Tavares IP provides legal and technical support to associations, producers, and companies seeking to obtain or protect Geographical Indications, as well as other intellectual property assets in Brazil and Latin America.

Contact our team for guidance on how to protect and enhance traditional products through Geographical Indication (GI) registration.