Brazil – Latam Guideline
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- Brazil – Latam Guideline
Contracting Party of the Madrid System: YES.*
* Brazil can only be designated in IR marks filed after 2 October 2019
Trade Mark Law in force:
Industrial Property Law No. 9279/1996.
Classification:
Nice classification, 11th edition
Multiclass Applications:
Possible for IR trademarks
Not possible for national trademarks
Registrable trademarks:
Words, names, acronyms, letters, numbers, devices, combination of colours, three-dimensional forms, position trademarks and any combination of the aforementioned signs.
Non-traditional trademarks, such as, smell, sound, movement, holograms and gestures are not subject to registration in Brazil. However, they are not completely unprotected, as they can be defended through Unfair Competition legislation.
Formal filing requirements:
Examination:
Opposition period:
60 days from publication date.
Average time from filing to grant:
Approximately 1,5 years, unless any obstacles were raised.
Term of protection:
10 years from the date of registration.
Use requirements:
YES. Cancellation can be requested if the trademark has not been used for 5 years, counting from the registration date. Partial cancellation action is possible.
Renewal terms:
1 year prior to the renewal date.
Grace period: 6 months.
WIPO-administered Treaties:
Contracting Party of the Paris Convention: YES
Contracting Party of the Patent Cooperation
Treaty (PCT): YES. Due term for entry into national phase: 30 months.
Patent Law in force:
IP Law 9279/1996
Formal filing requirements:
Power of Attorney: merely signed (no legalization required) within 60 days from filing. Scanned copy is valid.
Filing of the patent application in a foreign language:
Substantive examination must be requested by the applicant:
YES, within 36 months from filing date (international filing date in the case of entry into national phase of PCT).
Observations by third parties:
YES. Between publication and completion of the technical examination.
Opposition:
YES. Between publication and completion of the technical examination.
Average time from filing to grant:
10 years.
Term of protection for patents:
20 years from filing date.
Term of protection for utility models:
15 years from filing date (according to article 40 of the Brazilian Property Law)
Maintenance:
Yearly during prosecution of the application.
Compulsory licensing:
YES
WIPO-administered Treaties:
Contracting Party of The Hague System: NO.
Applicable Law:
Industrial Property Law 9279/96.
Grace period for filing applications, from disclosure:
180 days.
Multiple design applications -one application for different embodiments-available:
YES, the application must refer to a single object, a plurality of variations being permitted, provided that they are destined for the same purpose and maintain between them the same distinctive characteristic, each application is limited to a maximum of 20 variations.
Formal filing requirements:
Drawings, including all views of the object. The object shall be presented in all orthogonal views (front, rear, upper, lower and both sides) and at least one perspective. Figures should not be technical drawing boards and should not contain frames, measures, texts, symbols, cuts, indication of scale and any kind of information. The figures should consist of continuous, uniform and firm lines (no dotted lines are allowed), and it is well to point out that all views must be sufficiently clear and show a high graphic resolution (at least 300 dpi).
Brief description of the object.
Locarno class.
Power of Attorney (neither notarisation nor legalisation required). 60 days from filing. (unextendible)
Assignment document (neither notarisation nor legalisation required), when applicable. 90 days from filing.
Priority document, when applicable. 90 days from filing unextendible. Mandatory Portuguese translation.
Locarno classification:
Yes.
Deferred publication:
Yes, 180 days.
Opposition:
Nullity proceedings may be instituted ex officio or at the request of any person with a legitimate interest within 5 years from granting. A request or an ex officio institution will suspend the effects of grant of a registration if presented or published within 60 days from grant.
Average time from filing to grant:
1-2 years.
Term of Protection and Maintenance:
25 years: initial term of 10 years renewable for 3 successive terms of 5 years.
Does it accept an administrative request for surveillance?
YES
Intellectual property rights protected through an administrative request for surveillance
Trademarks
Requirement to file for an application of an administrative request for surveillance
List and Registration of Trademarks
Certificate of Registrationc
PoA
Procedure (special aspects)
If the customs authorities identify goods that they suspect to infringe intellectual property rights, the authorities will detain the goods and notify the intellectual property holder to assist them in examining these goods to confirm whether or not they infringe their intellectual property rights.
Territory: Brazil
Data Protection Regulations: Law N ° 13.709 / 2018
Regulatory purpose: Processing of personal data, including in digital media, by a natural person or by a legal person under public or private law, in order to protect the fundamental rights of freedom and privacy and the free development of the personality of the natural person.
Parties:
Supervisory Authority: Yes. National Authority for the Protection of Personal Data (ANPD)
Principles:
Obligations:
Data subjects’ rights:
Right of Explanation: The data subject has the right to receive clear and adequate information about the criteria and procedures used by the controller.
Revocation of consent: The data subject may revoke his or her consent to the processing of his or her personal data at any time, with express manifestation being sufficient, by means of a free and facilitated procedure.
Right to information: The data subject has the right to receive information about the public and private entities with which the controller has shared data.
International transfers:
The international transfer of personal data is only permitted in the cases provided for in Article 33:
Thus, taking into account the rules provided for in the LGPD, international transfer of personal data by companies in the field of processing activities is possible, provided that all contracts are adequate to the requirements of the law, as well as to compliance with the principles, the correct legal basis for the processing and the rights of data subjects.
There is no magic formula that can be shared and that works for everyone, the transfer will depend on a consultancy and review of the contract.
Sanctioning regime:
Certification or accreditation of compliance for companies: No.