Arquivos News - Tavares

SEPs and Tech Standards: How Intellectual Property Drives Innovation in Brazil

Tavares Office — Thu, 16 Apr 2026 11:00:31 +0000

Brazil is emerging as a significant player in the global innovation landscape. But turning that potential into a real competitive advantage requires a solid Intellectual Property (IP) framework. At the heart of this discussion are Standard Essential Patents (SEPs) and technology standards, two pillars that shape access to technology, investment flows, and the ability of Brazilian companies to compete internationally. Understanding SEPs and Their Strategic Role SEPs are patents that cover technologies indispensable to implementing global standards such as 4G, 5G, and Wi-Fi. Any manufacturer or developer operating within these standards must access these technologies, making licensing a critical business and legal issue. To balance the rights of patent holders with broad market access, SEP owners commit to licensing under FRAND (Fair, Reasonable and Non-Discriminatory) terms: Fair: compensation reflects the true value of the innovation Reasonable: terms do not create prohibitive barriers for licensees Non-discriminatory: comparable treatment for similarly situated parties Navigating FRAND licensing (whether as a patent holder or a licensee) requires both technical understanding and strategic IP counsel. Technology Standards as Innovation Infrastructure Global standards are far more than technical specifications. They function as the invisible infrastructure of innovation, providing: Interoperability across devices and networks from different manufacturers Regulatory predictability for investors and technology developers Scalable access to cutting-edge technologies, particularly for SMEs In Brazil, where SMEs account for nearly 70% of formal employment, this access directly impacts economic inclusion and value creation. APIs and the Modular Innovation Ecosystem If SEPs secure the technological foundation of connectivity, APIs (Application Programming Interfaces) are the operational layer on which developers build real-world solutions. The combination of open standards and well-structured APIs creates a modular innovation environment that: Lowers entry barriers for startups and SMEs Enables IoT and smart city solutions without reinventing the wheel Facilitates integration into global value chains IP as the Foundation of Legal Certainty Sustainable innovation demands legal stability. A strong IP regime delivers: Protection for R&D investments Reduced regulatory uncertainty Clear economic incentives to keep innovating For international companies exploring partnerships or operations in Brazil, understanding the local IP framework, including how SEPs are treated, is a non-negotiable strategic step. When properly managed, the ecosystem of technology standards and SEPs acts as a powerful engine for democratizing technology and accelerating innovation. Whether you are a patent holder, a licensee, or a company entering the Brazilian market, expert IP guidance is essential. Tavares IP specializes in intellectual property strategy for both domestic and international clients operating in Brazil and across borders. Reach out to find out how we can help protect your most valuable assets.

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Expired Patents, Active Royalties: Brazil’s Billion-Dollar Dispute in Agribusiness

Tavares Office — Wed, 15 Apr 2026 20:10:09 +0000

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.

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Brazil’s BPTO and Intelligence Agency ABIN Join Forces to Fight IP Counterfeiting

Tavares Office — Wed, 15 Apr 2026 17:28:32 +0000

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.

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UFMG Breaks Patent Filing Record: What It Reveals About Innovation in Brazil

Tavares Office — Tue, 14 Apr 2026 14:00:52 +0000

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.

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Brazil and China Sign Patent Cooperation Agreement

Tavares Office — Tue, 07 Apr 2026 19:12:46 +0000

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.

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Brazil Announces Trademark Changes and Industrial Design Advances

Tavares Office — Mon, 06 Apr 2026 19:13:20 +0000

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.

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Brazil Court Denies Access to Deceased User’s Account: What It Means for Digital Assets

Tavares Office — Thu, 02 Apr 2026 13:25:31 +0000

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.

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Brazil Releases New IP Guides: Strategic Support for Businesses and Exporters

Tavares Office — Tue, 31 Mar 2026 17:12:46 +0000

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.

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Brazil Adopts WIPO e-Filing: What Changes for International Trademark Applications

Tavares Office — Thu, 26 Mar 2026 18:09:26 +0000

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.

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Semaglutide Patent Expiry in Brazil: What Changes?

Tavares Office — Wed, 25 Mar 2026 19:20:43 +0000

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.

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