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.