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The expiration of the semaglutide patent sparked a global conversation about the balance between innovation protection and market access. In Brazil, that same tension is playing out in a less visible but equally high-stakes arena: agribusiness. At the center of the conflict are agricultural biotech patents, royalties allegedly charged beyond their legal term, and a bill that could reshape IP rules across multiple industries.

The Intacta RR2 PRO Case: Patents, Soybeans, and R$5 Billion at Stake

The Intacta RR2 PRO technology, developed by Monsanto and later acquired by Bayer, is present in approximately 80% of Brazil’s soybean fields. It offers resistance to pests and herbicides, reducing operational costs for farmers, who pay royalties in return.

The issue: several of the patents underpinning those royalties have already expired.

Judicial investigation revealed that:

• Patent PI9816295-0 expired in March 2018
• Patent PI0016460-7 expired in December 2020
• Patent PI0610654-4, still active, expires in May 2026

Despite these expirations, Aprosoja-MT (the Mato Grosso Soybean Producers Association) argues that full royalties were still charged. With average soybean profitability at roughly R$85.50 per hectare and royalties of approximately R$280 per hectare, two-thirds of which allegedly relate to expired patents, farmers claim they have been paying for technology that should legally be in the public domain.

State courts in Mato Grosso ruled in favor of producers in both the first and second instances, ordering reimbursement of improperly charged fees, plus interest and a monetary correction. Estimated amounts exceed R$5 billion in that state alone, with similar cases pending in Bahia, Goiás, Piauí, Tocantins, and Rio Grande do Sul.

Bill No. 5810/2025: Reform or New Risk?

Running parallel to this dispute is Bill No. 5810/2025, which proposes compensating for delays at the Brazilian Patent and Trademark Office (BPTO) by extending patent protection by up to 5 years.

The bill has support from innovation-driven industries but faces strong opposition. A coalition of agribusiness and pharmaceutical associations warns of serious risks:

• Creation of artificial monopolies with unpredictable timelines
• Delayed market entry of post-patent products
• Higher costs for essential medicines and agricultural inputs
• Prevention of mature technologies from entering the public domain

There is also a significant constitutional hurdle: Brazil’s Supreme Court (STF), in its ruling on ADI 5529, declared unconstitutional the extension of patent terms based on administrative delays at the BPTO — casting serious doubt on the bill’s legal viability.

Key Takeaways for International Companies

For foreign companies operating or investing in Brazil — particularly in pharma, agtech, or biotech — this case carries important strategic implications:

• Patent due diligence is non-negotiable before any licensing deal or technology acquisition in Brazil
• A valid BPTO registration does not rule out litigation — courts may challenge charges retroactively
• Pending legislative changes could affect patent term strategies and IP asset planning
• Brazilian courts and trade associations increasingly scrutinize transparency in licensing

The Intacta case is a striking example of how poor management of a patent portfolio’s lifecycle can generate billion-dollar liabilities and structural conflicts with business partners. For IP rights holders in Brazil, actively monitoring patents and maintaining transparency in licensing relationships is not just best practice — it is a strategic imperative.

Tavares IP advises patent holders, licensees, and international companies in Brazil at all stages of the IP lifecycle. Contact us to learn how to protect and manage your assets with legal certainty.

Brazil has taken a meaningful step toward strengthening its intellectual property enforcement infrastructure. On April 7, 2025, the Brazilian Patent and Trademark Office (BPTO) and the Brazilian Intelligence Agency (ABIN) signed a Technical Cooperation Agreement (ACT) targeting counterfeiting, piracy, and biopiracy. For international companies with IP assets in Brazil, the agreement signals a clear shift: IP protection is becoming a matter of national strategic priority.

What the Agreement Covers

The ACT establishes a broad cooperation framework between the two institutions, including:

• Protection of sensitive BPTO knowledge related to anti-counterfeiting and anti-piracy operations
• Safeguarding ABIN’s own IP in its capacity as a Scientific, Technological, and Innovation Institution
• Information sharing and provision of specialized technical services
• Joint development of research, development, and innovation projects

BPTO also expressed interest in joining the Brazilian Intelligence System (Sisbin) — an unprecedented move that would embed the IP authority within Brazil’s broader state intelligence apparatus.

BPTO’s New Intelligence Unit

A detail worth noting for those tracking Brazil’s regulatory environment: in December 2025, BPTO launched a dedicated internal unit focused on intelligence-driven anti-counterfeiting operations. Partnering with ABIN is the logical, strategic next step.

At the signing ceremony, BPTO President Júlio César Moreira stated plainly that ABIN’s involvement would be transformative for protecting Brazilian patents and advancing the agency’s enforcement capacity.

Why This Matters for International IP Holders

For brand owners, patent holders, and companies with IP-intensive operations in Brazil, the agreement carries concrete implications:

• Enhanced investigative capacity to detect and dismantle counterfeiting and piracy networks
• Stronger institutional enforcement of IP rights, historically fragmented across agencies
• Expanded protection against biopiracy, critical for sectors such as cosmetics, pharma, and food
• A positive signal to foreign investors that Brazil is raising its IP protection standards

The BPTO-ABIN alliance marks a meaningful shift in Brazil’s approach to IP protection, moving from a predominantly administrative model toward a strategy that incorporates state-level intelligence capabilities. For companies that rely on the integrity of their IP assets in Brazil, tracking these institutional developments is just as important as registering trademarks and filing patents.

Tavares IP monitors Brazil’s IP regulatory and institutional landscape to provide strategic counsel to domestic and international clients. Contact us to learn how to protect your assets with both legal precision and strategic foresight.

The Federal University of Minas Gerais (UFMG) reached a record 95 patent filings in 2025, surpassing its previous peak.

The result highlights the central role of universities in Brazil’s innovation ecosystem.

Beyond patents

The numbers reflect a broader IP strategy:

• 95 patent applications
• 55 software registrations
• 54 trademarks
• 7 industrial designs
• 7 know-how records

This demonstrates a structured approach to protecting and leveraging intangible assets.

Technology transfer in focus

The impact goes beyond filings.

UFMG’s innovation office (NIT/CTIT) plays a key role in:

• Converting research into market solutions
• Supporting licensing and technology transfer
• Strengthening the innovation ecosystem
• Universities vs. the private sector

While large corporations are increasing their presence, public universities remain the leading patent filers in Brazil.

This contrasts with markets such as the U.S., Europe, and China, where private sector R&D dominates.

Tavares IP supports institutions and companies in protecting and leveraging innovation assets in Brazil.

Contact our team to strengthen your intellectual property strategy.

Brazil’s BPTO and China’s CNIPA have signed a Memorandum of Understanding to strengthen cooperation in the patent field.

The agreement was formalized during the Zhongguancun Forum, a major global event on science and technology, and focuses on enhancing collaboration and efficiency between the two offices.

Scope of cooperation

The partnership covers key strategic areas:

• International cooperation between IP offices
• Patent examination management and efficiency
• Exchange of best practices
• Automation initiatives
• Strategic impact

This collaboration signals a strengthening of ties between two key jurisdictions in the global IP landscape.

For companies and IP firms:

• Greater procedural predictability
• Potential efficiency gains in the examination
• More integrated international protection environment
• Stronger Brazil–China IP connection

Strategic outlook

The agreement reflects a broader global trend: increased collaboration between IP offices to handle growing international filings.

Companies operating between Brazil and China should closely monitor these developments.

Tavares IP supports companies in managing patent strategies in Brazil and across key international markets, including Asia.

Contact our team to strengthen your global patent strategy.

The Brazilian Patent and Trademark Office (BPTO) presented important updates on trademarks and industrial designs during a stakeholder meeting, reinforcing its modernization efforts.

The changes include new priority rules for trademarks and operational improvements in industrial designs, with a strong focus on technology adoption.

Trademarks: new rules and evolving criteria

New regulations (Ordinances No. 28 and 29/2025) will enter into force in April, impacting trademark procedures.

Key points:

• New priority categories aligned with public policies
• Inclusion of startups and specific user groups
• Simplified documentation in certain cases
• Increased limits for priority filings

In addition, a new approach to positioning marks is under discussion, shifting the focus toward the sign’s overall distinctiveness. A public consultation is expected in 2026.

Industrial designs: efficiency and technology

BPTO also highlighted significant developments:

• Over 100% increase in decisions in 2025
• Planned update of the Industrial Design Guidelines
• Adoption of AI in examination processes
• New AI-powered search tools
• Introduction of priority examination

Strategic outlook

These initiatives reflect a clear trend toward modernization in Brazil’s IP system.

For companies and IP firms:

• Faster and more predictable processes
• Increased use of technology in examinations
• New opportunities through priority procedures
• Evolving examination criteria impacting protection strategies

Tavares IP closely monitors regulatory changes in Brazil, helping companies adapt their IP strategies to evolving requirements.

Contact our team to keep your IP strategy aligned with Brazil’s latest developments.

A recent decision by the São Paulo Court denied a mother access to her deceased son’s social media account, reinforcing privacy rights even after death.

The case highlights a growing issue: how digital assets are treated under Brazilian law.

Digital inheritance: property vs. privacy

Although Brazil lacks specific legislation on digital succession, the ruling emphasizes a key distinction:

• Economic assets: may be transferable
• Personal content: remains protected

In this case, photos, messages, and private data were deemed part of the deceased’s personal sphere.

Connection with intellectual property

The decision also intersects with IP, as digital assets may involve:

Copyright over content
Platform licensing agreements
Contractual limitations on access and transfer

This reinforces that not all digital assets are inheritable.

Strategic implications

The case raises important considerations:

• Need for prior planning of digital assets
• Importance of platform policies
• Legal risks in the absence of user instructions
• Growing intersection between IP, contracts, and data protection

Strategic outlook

Disputes involving digital inheritance are expected to increase, requiring clearer legal frameworks and proactive planning.

For companies, this also impacts compliance and digital asset management strategies.

Tavares IP supports companies in navigating complex intangible assets, including the intersection of IP, contracts, and digital data.

Contact our team to strengthen your digital and IP strategy.

The Brazilian Patent and Trademark Office (BPTO, in partnership with WIPO, has released two new intellectual property guides to support companies in the strategic use of IP assets.

The initiative reinforces IP’s role as a key tool for competitiveness, particularly in international markets.

What do the guides cover

The publications address both foundational concepts and practical applications of IP:

• Ownership of rights
• Licensing and technology transfer
• Integration of IP into business and export strategies
• IP management in commercial agreements

Focus on exports and franchising

The guides target key audiences:

SMEs and exporters

• Using IP as a competitive advantage
• Structuring international market strategies

Franchisors and expanding businesses

• Managing IP in franchise agreements
• Reducing legal risks
• Enhancing security in cross-border operations

Strategic outlook

This initiative highlights a broader trend: the integration of intellectual property into core business strategy.

Companies that actively manage IP tend to gain protection, efficiency, and competitive advantage in global markets.

As of April 13, the Brazilian Patent and Trademark Office (BPTO) will adopt WIPO’s e-Filing system for certifying international trademark applications under the Madrid System.

This move represents a step toward greater digitalization and alignment with international practices, improving efficiency and predictability for applicants.

Key practical changes

The e-Filing system introduces several improvements:

• More intuitive completion of the MM2 form
• Automatic data import from BPTO databases
• Integration with MGS for goods and services translation
• Built-in tools to correct irregularities
• Online fee calculation and payment
• Centralized management of international applications

Strategic impact for trademark owners

This adoption strengthens Brazil’s integration into the global IP system and enhances the use of the Madrid System.

For companies and IP firms:

• Faster international filings
• Reduced formal errors
• Greater procedural predictability
• Improved portfolio management

Strategic outlook

The initiative facilitates trademark internationalization and reinforces Brazil’s role in the global IP landscape.

Companies using the Madrid System can expect a more streamlined and reliable filing process.

Tavares IP supports companies in international trademark protection through the Madrid System, ensuring efficiency and strategic alignment.

Contact our team to optimize your global trademark strategy.

The expiration of semaglutide’s patent in Brazil marks a relevant shift in the pharmaceutical landscape. After 20 years of exclusivity, other companies can now develop generic or similar versions, subject to regulatory approval.

Immediate impacts

• Increased market competition
• Potential price reduction
• Broader access to treatments
• New opportunities for pharmaceutical players

From an intellectual property perspective, this case highlights the strategic importance of patent lifecycle management.

What about Mounjaro?

Unlike semaglutide, tirzepatide (Mounjaro) remains under patent protection in Brazil.

• Filing date: June 2016
• Expected expiration: June 2036

Although there are discussions about compulsory licensing, the current situation suggests a low likelihood of an early compulsory patent license, given Brazil’s legal requirements.

Strategic perspective

The contrast between semaglutide and Mounjaro reinforces:

• The importance of patent monitoring
• The direct impact of IP on market dynamics
• Opportunities for post-patent market entry

Tavares IP supports companies in navigating Brazil’s patent landscape, identifying risks, timelines, and market opportunities.

Contact our team to strengthen your IP strategy in Brazil.

Brazil’s Congress has approved the agreement between Mercosur and the European Union, after more than two decades of negotiations.

The deal connects markets totaling around 718 million people and a combined GDP of approximately USD 22.4 trillion, strengthening economic integration across both regions.

What changes in practice

The agreement establishes common rules to facilitate trade, including:

• reduction of trade barriers
• increased predictability for businesses and investors
• expansion of goods and services flows

While Brazil moves forward with implementation, the European Union is still addressing internal approval steps and may adopt provisional measures.

Implications for innovation and IP

Regulatory alignment between the blocs is expected to impact intellectual property, potentially leading to:

• greater legal certainty in cross-border operations
• increased technology transfer
• stronger protection of intangible assets

For companies operating internationally, the agreement creates new opportunities for IP protection and commercialization strategies across multiple jurisdictions.

For a detailed analysis of the agreement’s impact on intellectual property, including patents, trademarks, and geographical indications, read our full article on the topic.