Key Intellectual Property Services
We provide comprehensive legal services in all areas of IP in Brazil:
Click each service to know more.
(some still under construction)
Trademark Registration at INPI
Exclusive rights for brands, trade names, and service marks.
Patent Applications (including PCT national phase)
Protection of technological innovations and inventions.
Industrial Design Registration
Safeguarding the ornamental and aesthetic aspects of products.
Copyright Registration and Enforcement
Recognition and protection of creative, literary, artistic, and software works.
Intellectual Property Licensing and Technology Transfer
Contracts for licensing, franchising, and cross-border technology deals.
Trade Secrets and Confidentiality Agreements
Protection of sensitive business information through NDAs and compliance.
Unfair Competition and Brand Protection
Addressing unauthorized use of trademarks, misleading advertising, trade dress imitation, or misappropriation of trade secrets. Brazilian law requires intent divert clients, and these acts may even constitute a crime.
Legal Opinions for Foreign Law Firms
Authoritative pareceres on IP matters in Brazil, frequently used in international arbitrations, negotiations, and cross-border transactions.
Intellectual property protection is not limited to registrations. Contracts are essential to ensure enforceability and value in business transactions. Well-structured contracts are critical to avoid unenforceable provisions and to comply with the Brazilian Civil Code and the Industrial Property Law (Law 9.279/96).
Intellectual Property Contracts in Brazil
We assist foreign companies and law firms in drafting, reviewing, and registering IP-related agreements, such as:
Click each service to know more.
(some still under construction)
Licensing Agreements
Including software, trademarks, patents, and know-how.
Technology Transfer Contracts
Subject to INPI registration for tax and legal validity.
Confidentiality Agreements (NDAs)
Binding under Brazilian law and enforceable in courts.
Assignment of IP Rights
Transfer of ownership of trademarks, patents, and copyrights.
Coexistence Agreements
Arrangements between companies to regulate the use of similar trademarks.
Trade Secrets and Business Confidentiality
Unlike trademarks or patents, trade secrets are not registered with INPI. Their protection depends on effective legal and internal measures, including confidentiality agreements and compliance programs.
The unauthorized disclosure or use of trade secrets with intent to divert clients is considered an act of unfair competition in Brazil and may constitute a crime, subject to both civil and criminal penalties.
We advise companies on structuring contractual protections, internal compliance, and enforcement strategies to safeguard proprietary business information.
Products, Services, and Brands
Intellectual property protection in Brazil applies to different business assets, including:
- Products – protected through patents (technical solutions) and industrial designs (ornamental shape and aesthetics).
- Services – safeguarded through service trademarks, ensuring exclusivity in sectors such as finance, technology, healthcare, and entertainment.
- Brands – protected through trademarks and trade dress, guaranteeing distinctiveness and consumer recognition in the Brazilian market.
This clear separation between product, service, and brand protection ensures that companies enjoy comprehensive coverage of their intellectual property rights.
Assistance
Why Choose Martin Law?
- Specialists in assisting foreign companies and investors in Brazil.
- Fully remote service available worldwide.
- Fluent in English and Portuguese.
- Strong track record in cross-border business transactions.
- Over 15 years of experience with foreign clients
How We Work
- Schedule a Consultation — We understand your business goals.
- Plan the Strategy — Tailored legal and compliance roadmap.
- Execute & Protect — We handle incorporation, contracts, and filings.
- Ongoing Support — Continuous legal assistance for your operations.
testimonials
Frequently Asked Questions – Intelectual Property in Brazil
Typically 12–18 months, depending on INPI’s examination and potential oppositions.
Yes. Brazil accepts PCT applications, but the applicant must enter the national phase at INPI within the prescribed deadlines.
Yes, protection arises upon creation, but registration is recommended for enforcement and as proof of authorship.
Licensing, technology transfer, assignment of rights, coexistence, and confidentiality agreements are essential for enforceability.
It protects the ornamental aspects of products, valid for up to 25 years with renewals.
Acts such as unauthorized use of trademarks, misleading advertising, trade dress imitation, or misappropriation of trade secrets. Brazilian law requires intent (dolo) to divert clients, and these acts may constitute a crime.
Through confidentiality agreements, compliance policies, and enforcement under the Industrial Property Law.
No. A local representative or lawyer in Brazil is required to act before INPI.
Yes. Pareceres (legal opinions) are often decisive in international arbitrations, negotiations, and cross-border contracts.
They vary by type of protection. INPI applies different fees, and foreign corporations must pay the standard rates.
Get in Touch
Martin Law – International Legal Advisory
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