The recent approval by the Brazilian Chamber of Deputies of the provisional trade agreement between Mercosur and the European Union marks a step in strengthening economic ties between the blocs, with direct implications for intellectual property, particularly patents, trademarks, and geographical indications.
While the agreement covers multiple strategic sectors, one of its most relevant aspects lies in the consolidation of intellectual property protection standards.
Patent protection and international alignment
Regarding patents, the agreement reaffirms the parties’ commitment to the TRIPS Agreement and to maintaining internationally established standards.
In practice, this means:
- Brazil retains its regulatory flexibility, especially in public health matters;
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Compulsory licensing remains available;
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National policies supporting generic medicines remain in effect.
This is a key point, as it avoids stricter patent rules that could negatively impact access to treatments and the competitiveness of the pharmaceutical sector.
Geographical indications and international protection
One of the most concrete advancements in the agreement is the expansion of protection for geographical indications (GIs).
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The agreement establishes:
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Mutual recognition between Mercosur and the EU;
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Direct protection within the EU without the need for additional registrations;
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Safeguards for prior users of traditional terms.
Brazilian products benefiting from this protection include:
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Cachaça
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Canastra cheese
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Cerrado Mineiro coffee
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Farroupilha wines
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Linhares cocoa
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Pantanal honey
This enhances the global positioning of Brazilian products and increases their added value in international markets.
Strategic impacts on innovation and IP
Although the agreement does not introduce major direct changes to the patent system, it creates important indirect effects:
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Greater legal certainty for cross-border operations;
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Increased incentives for technology transfer;
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Influence of European regulatory standards on Brazilian practices.
This environment favors companies seeking to expand the protection and commercialization of their IP assets internationally.
The Mercosur–EU agreement reflects a balance between trade liberalization and the preservation of Brazil’s regulatory autonomy in intellectual property.
While expanding protection for intangible assets, particularly through geographical indications, it maintains essential mechanisms for public policy and industrial development.

