IPRs in Brazil for
EU SMEs
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Mercosur IPR SME Helpdesk
INDEX
o INVEST IN BRAZIL
o Why
o IPR Statistics
o Innovation Statistics
o IP Responsible Institutions & International Treaties
o Main IPRs in Brazil
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Patents
Industrial Designs
Trademarks
Copyrights
Software
o Innovation policies & Funding system
o Additional information
IPRs IN BRAZIL FOR EU SMEs
WHY INVEST IN BRAZIL
WHY INVEST IN BRAZIL
EU- Brazil Market:
• EU goods exports to Brazil in 2013: €40billion
• EU goods imports from Brazil in 2013: €33.1billion
• Total amount traded in2011: €73.1billion
Source: http://trade.ec.europa.eu/doclib/docs/2006/september/tradoc_113359.pdf
WHY INVEST IN BRAZIL
EU- Brazil Market:
•
EU services exports to Brazil in 2013: € 14 billion
•
EU services imports from Brazil in 2012: € 6.3 billion
•
Total traded services in 2012: € 20.3 billion
•
Brazil GDP in 2012: U$$ 2.246 trillion (Source: World Bank)
•
Brazil GDP growth in 2014: 0.33% (Source: BR Central
Bank)
WHY INVEST IN BRAZIL
KEY SME’S SUCCESS FACTOR IN BRAZIL: IPR
PROTECTION
Main countries of origin of non-residents patent applications at the
Brazilian Patent Office in 2011:
•
•
•
•
•
•
United States: 8,218
Germany: 2,820
France: 1,784
Netherlands: 1,148
United Kingdom: 824
Italy: 626
WHY INVEST IN BRAZIL
• EU is Brazil’s number one trading partner,
accounting for a 20.8% of its total trade.
• Brazil is the EU’s eighth trading partner,
accounting for a 2.1% of total EU trade
(2013).
WHY INVEST IN BRAZIL
The main economic sectors in Brazil are “Primary
products” related markets BUT:
1.
2.
3.
Strong R&D institutions for agriculture, forestry, cattle raising
(public investments), energy: EMBRAPA, National Institutes of
S&T, universities.
Strong relations between those institutions and industrial
sectors.
Current Brazilian global position had forced Brazil to put the
spotlight on innovation.
IP STATISTICS
o IPR activity by residents and non-residents
— patent system is largely used by non-residents (about 77% of
applications are done by non-residents).
— Trademarks - 80% of the applications were made by non-residents.
o During 2012, the IP Office (INPI) received
—
33.395 patent applications,
— 150.107 trademark applications (312.808 word trademarks , 24.123
figurative trademarks , 537.934 mixed trademarks and 1.046
tridimensional trademarks ).
o The technological areas with more patent applications in the last years are:
— Chemistry
— Metallurgy
— Environmental technologies
More information can be found at:
http://www.inpi.gov.br/portal/artigo/estatisticas
IP STATISTICS
Patent Applications
Year
Resident
Rank
Non-
Rank
Abroad
Rank
Resident
2011
4,695
18
23,954
8
1,664
26
2012
4,798
18
25,637
8
1,809
27
2013
4,959
15
25,925
9
1,891
27
INPI statistics report that Germany, France, the Netherlands, Italy and the
United Kingdom were responsible for 24.5% of the patent applications received
in Brazil between 2007 and 2011 (Source: INPI). They were mainly applied via
PCT (Source: INPI)
IP STATISTICS
Patent Applications by Top Fields of Technology (1999 - 2013)
Field of Technology
Share
Civil engineering
6.74
Transport
6.26
Other special machines
6.24
Medical technology
5.85
Handling
5.77
Furniture, games
5.56
Other consumer goods
5.30
Electrical machinery, apparatus, energy
4.67
Engines, pumps, turbines
4.08
Pharmaceuticals
4.06
Others
45.47
Patent grants to non-residents by field
of technology (2012):
1.
2.
3.
4.
5.
Organic fine chemicals (546)
Chemistry for basic materials (520)
Macromolecular chemistry, polymer (381)
Mechanical engineering, management (344)
Metallurgy materials (285)
Source: INPI
IPRS STATISTICS
Category
Score
Global Rank
Regional Rank
International Property Right Index
5.6
55 of 130
6 of 23
Physical Property Rights
6.0
68 of 130
9 of 23
Protection of Physical
6.7
48 of 130
5 of 23
Registering Property
6.8
120 of 130
21 of 23
Intellectual Property Rights
5.6
52 of 130
6 of 23
Protection of Intellectual Property
Rights
7.2
48 of 130
21 of 23
Patent Protection
7.2
48 of 130
20 of 23
Copyright Protection
4.7
40 of 130
2 of 23
IPRS STATISTICS
IPRs registration
Utility Models
(applications)
Trademarks
Industrial
Designs
Year
Residen
t
NonResid
ent
Abroad
2012
2,880
117
26
2013
2,891
141
33
2012
41,670
13,560
8,683
2013
27,714
9,197
10,228
2012
2,415
1,917
874
2013
1,487
1,169
1,183
Software registration
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Applications (2013): 1,448
Grants (2013): 619
INNOVATION STATISTICS
o According to the Global Innovation Index 2014, Brazil ranked 61
out of 143 and 5 out of 22 at regional level (LA).
o On the other hand, the previous edition of the Index (2013)
remarked Brazil’s strenghts in high-tech and medium-high-tech
output (22nd), the QS university ranking average score of top 3
universities (24th), royalties and license fees receipts over total
service exports (29th), GERD performed by business enterprise
as a percentage of GDP (36th), patent families filed in at least
three offices (42nd), and logistics performance (45th).
o Additionally, Sao Paulo is appointed as one of the 20 top start-up
ecosystems in the world
IPRs IN BRAZIL FOR EU SMEs
IP RESPONSIBLE INSTITUTIONS &
INTERNATIONAL TREATIES
IPR RECOGNIZED BY NATIONAL LAW
– AND RESPONSIBLE INSTITUIONS
INPI
PATENTS
UTILITY MODELS
INTEGRATED CIRCUIT DESIGN
COPYRIGHT
PLANT VARIETIES
TRADEMARKS
APPELLATIONS OF ORIGIN
GEOGRAPHICAL INDICATIONS
INDUSTRIAL DESIGN
Serviço
Nacional de
Escola
Fundação
Proteção
Nacional
Biblioteca
de
de Belas
Nacional
Cultivares Artes
MAPA
X
X
X
X
X
X
X
X
X
X
TRADITIONAL KNOWLEDGE AND GENETICAL
RESOURCES
Source www.inapi.cl
INTERNATIONAL TREATIES RATIFIED
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Berne Convention (Copyright)
Paris Convention (Industrial Property)
TRIPS Agreement (IP – WTO)
PCT (Patents)
UPOV 78 (Plant Variety Rights)
Convention on Biological Diversity
Since Brazil has not ratified the Madrid System (Trade Marks) and The
Hague Agreement (Designs), it is not possible to designate this
country in a single International application for registrations of
trademarks or designs, respectively.
STRENGTHS & WEAKNESSES
OF THE IP SYSTEM
Strengths:
•
Brazil is member of most IPR-related International Treaties. Thus, its
substantive Law includes the IPRs essential provisions such as priority, or
rights duration;
•
Brazilian regulation provides reasonable standards of protection for IPRs;
•
Strong funding and financing system;
STRENGTHS & WEAKNESSES
OF THE IP SYSTEM
Weaknesses:
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•
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Lengthy IP registration proceedings, specially in cases patents and
trademarks;
Due to the strict observation of the due process of law, enforcement is also
considered lengthy in comparison to other countries;
Pharmaceutical patents must be submitted to approval for granting by
ANVISA (Health Surveillance Agency) which, in practical terms, reexamines the patentability conditions, creating a double examination on
such patent applications.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPRS IN BRAZIL:
PATENTS
PATENTS: WHAT YOU NEED TO KNOW
o What are Patents? They are exclusive rights granted by
the State for protecting an invention, which is a technical
solution for an industrial problem.
o Which kind of Patents can be protected?
Patents protect inventions such as a product or a
process.
Utility Models, are ‘petty patents’, such as new
devices that provide an improvement, or technical
effect in the function of an object.
PATENTS: WHAT YOU NEED TO KNOW
Basic patenting requirements:
• Patents of Invention must be New, imply an Inventive
Step and subject to Industrially Applicability.
• Utility Models are also patentable if they comply with
the abovementioned requirements.
Please note that, even when the requirements are the same, the Novelty and
Inventive Step in Utility Model have a less demanding standard than in Patents
PATENTS: WHAT YOU NEED TO KNOW
How long does legal protection last?
o Patent of Inventions protection lasts 20 years from the
filing date.
o Utility Models protection lasts 15 years from the filing
date.
PATENTS: WHAT YOU NEED TO KNOW
o What is excluded from Patentability?
Immoral inventions and those which its commercial
exploitation is forbidden for public order, ethics, health and
environment protection reasons.
PATENTS: WHAT YOU NEED TO KNOW
o What is not considered Invention?
Subject matters are excluded from patentability if they lack
of technical purpose or concern plants, animals, essentially
biological processes to produce plants or animals, parts of
living beings, surgery and diagnostic methods applied to
human body or animals.
o Is there any exception?
Yes. Genetically modified microorganisms.
PATENTS: WHAT YOU NEED TO KNOW
o Who can register?
Any natural or legal person can apply for the registration of
a Patent. Foreign natural or legal persons shall appoint an
agent or representative in Brazil.
o Where to register?
Applications can be filed before Instituto Nacional da
Propriedade Industrial (INPI) offices, personally, by post or
electronically.
PATENTS: WHAT YOU NEED TO KNOW
How much does it cost?
 Depending on whether the request is submitted
electronically or in paper, the costs range between € 22
and € 31 for national Patents or Utility Models.
 Requests for Technical Examination of patents cost €41
if less than 10 claims. From the 11th to 15 claim, an
amount ranging from €12 per claim (up to 15 claims) to
€61 per claim (more 30 claims) will be charged.
PATENTS: TIPS AND WATCH OUTS
Grace Period
o Brazilian legislation grants the inventor the
‘grace period’ for Patents and Utility Models.
o The ‘grace period’ provides that the novelty
requirement is not affected by disclosure of the
invention during the twelve (12) months prior to
the filing date.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPR IN BRAZIL:
INDUSTRIAL DESIGNS
IDs : WHAT YOU NEED TO KNOW
o What are industrial designs?
Industrial Design (IDs) protects the exterior ornamental
forms of objects, lines and colours applied to a product,
provided that they make a new and original result and are
suitable to industrial application.
o Features, dimensions, materials or manufacturing
processes of an object are excluded from design
protection.
IDs : WHAT YOU NEED TO KNOW
How long does legal protection last?
o Industrial Designs are protected for a period of time of 10
years from the filing date, with the possibility to renew it
for 3 additional periods of 5 years (25 years in total).
IDs : WHAT YOU NEED TO KNOW
o Who can register?
Any natural or legal person can apply for the registration of
an Industrial Design. Foreign natural or legal persons shall
appoint an agent or representative in Brazil.
o Where to register?
Applications can be filed before Instituto Nacional da
Propriedade Industrial (INPI) offices, personally, by post or
electronically.
IDs : WHAT YOU NEED TO KNOW
How much does it cost?
o Industrial Design application fees are around €235 for
companies and around €95 for individuals
o In case of paper application for companies, fees are
around €163, whereas natural persons have to pay an
approximate € 63 fee.
IDs : WHAT YOU NEED TO KNOW
Grace Period
o Brazilian Law establishes a 6-month grace
period.
o Therefore, any disclosure made during the 6
months prior to the application would not affect
either the novelty or the originality of your
designs.
IDs : WHAT YOU NEED TO KNOW
Cancelation action:
The deadline to request for the cancellation of an
Industrial Design registration before INPI is five
years from the granting date.
After such period, the cancellation should be
requested before the Courts.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPR IN BRAZIL:
TRADEMARKS
TRADEMARKS: WHAT YOU NEED TO KNOW
o What are trademarks?
A trademark is a distinctive sign that can be represented
graphically and distinguish the origin of goods and
services.
o Which kind of trademarks can be protected?
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Word marks (words and slogans)
Figurative marks (images)
Combined marks (words and images)
Three-dimensional marks (for shapes)
TRADEMARKS: WHAT YOU NEED TO KNOW
Registration requirements :
 Graphically represented: Therefore, sound, tactile, taste and smell marks
cannot be registered.
 Distinctive: a sign is to be original and/or fanciful.
 Not deceptive: regarding the ownership or the origin of the goods and
services
 Available: a sign must be not identical with or similar to existing prior
trademarks
TRADEMARKS: WHAT YOU NEED TO KNOW
How long does legal protection last?
Trademark protection lasts for 10 years from the granting
date and can be indefinitely renewed for consecutive tenyears periods.
TRADEMARKS: WHAT YOU NEED TO KNOW
o Who can register?
Any natural or legal person can apply for the registration of
a trademark. Foreign natural or legal persons shall appoint
an agent or representative in Brazil.
o Where to register?
Applications can be filed before Instituto Nacional de
Propriedade Industrial (INPI) offices, personally, by post or
electronically.
TRADEMARKS: WHAT YOU NEED TO KNOW
How much does it cost?
 A trademark in Brazil costs around €390 if the application
is filed in paper (in person or by post) or €336 if application
is filed online. This includes the application fee and the
registration certificate fee for the first 10 years.
The renewal cost is around €336.
TRADEMARKS: TIPS AND WATCH-OUTS
How much does it cost?
 Brazil adopted the single class trademark registration
system. Therefore, a separate trademark application must
be filed with respect to each class of products or services
of the International Classification of Nice (10th edition) for
which the trademark protection is requested .
TRADEMARKS: TIPS AND WATCH-OUTS
Company name´s protection
The registration of a company at the State Clerk’s
Office (State Board of Trade) also entails certain
degree of protection for the name of the company.
IPRs IN BRAZIL FOR EU SMEs
MAIN IPR IN BRAZIL:
COPYRIGHT
COPYRIGHT: WHAT YOU NEED TO KNOW
• What is it? Copyright is an IPR that protects the
exclusive rights of authors of intellectual works.
• Who is the author? The author is the creator of the
work (usually the person indicated in the work when it is
disclosed, or the person indicated in the registration).
• Which kind of assets does it protect? Any literary,
artistic or scientific work.
WHAT IS IT PROTECTABLE?
COPYRIGHT: WHAT YOU NEED TO KNOW
o Why Copyright may be important?
Copyright protection grants to the author both moral and
economic rights.
o Economic Rights: are exclusive rights over the use and
commercial exploitation of the intellectual work.
o Moral Rights: are exclusive personal rights of the author.
•
When is Copyright protection acquired by authors?
 Copyright protection is legally acquired by the author by
the mere creation of the intellectual work.
COPYRIGHT: WHAT YOU NEED TO KNOW
How long does legal protection last?
o Copyright protection lasts for the author’s life plus 70
years after his/her death.
o In case of computer programs, if the rightholder is a legal
entity, the term of protection shall last for 50 years after
the first publication.
COPYRIGHT: WHAT YOU NEED TO KNOW
Shall I register copyright?
Copyright Registration is voluntary but advisable,
especially to enforce the right.
•
Possible options:
 Unregistered Copyright
 Registered Copyright
COPYRIGHT: WHAT YOU NEED TO KNOW
• Example
Unregistered Copyright: authors must recollect and
furnish documents such as publications, including
detailed information to prove authorship and ownership.
Registered Copyright: the registration certifies the date
of creation of the work, its content and confers authors
a (rebuttable) presumption of authorship by law.

If your copyright is already registered in a foreign country
member of Berne Convention, you can ASSURE its
PROTECTION in Brazil including the following:
Mention: ‘All rights reserved or Reproduction forbidden’,
Letter c rounded by a circle (©), name of copyright holder and
registration number.
COPYRIGHT: WHAT YOU NEED TO KNOW
o Who can register? A natural person (the author), or a
legal person (work´s right holder i.e work inventions).
Foreign applicants do not need to be represented.
o Where to register?
Fundação Biblioteca Nacional (BN)
 On-line, on its website.
 In person, before Fundação Biblioteca Nacional or
its offices
 By post
COPYRIGHT: WHAT YOU NEED TO KNOW
o Which documents do I need?
•
An Application Form duly fulfilled and
•
Documentation required
•
Details can be found at BN offices or website
o How much does It cost?
•
Literary works: 6€ for individuals and 80€ for
companies
•
Images: 10€ for individuals and 17€ for companies
COMPUTER PROGRAMS IN BRAZIL:
WHAT YOU NEED TO KNOW?
o Why COMPUTER
important?
PROGRAMS
registration
may
be
In order to demonstrate ownership on computer programs,
Brazilian legislation requires proof of authorship upon the work,
either by publication or by other means of evidence (always
subjected to further questioning in court).
Consequently, for computer programs, registration
represents the best option for authors to protect their rights
and ownership.
COMPUTER PROGRAMS IN BRAZIL:
WHAT YOU NEED TO KNOW?
o Who can register? A natural person (the author), or a
legal person (that holds the rights). Foreign applicants
must appoint a Brazilian legal representative.
o Where to register?
— Instituto Nacional de Propriedade Insdustrial (INPI)
— In person, at INPI or its offices
— By post
COMPUTER PROGRAMS IN BRAZIL:
WHAT YOU NEED TO KNOW?
o Which documents do I need?
— An Application Form duly fulfilled and
— Documentation required
— Details can be found at INPI offices or website
o How much does it cost?
— From 76€ up to 361€, depending the size of the
program
IPRs IN BRAZIL FOR EU SMEs
INNOVATION POLICIES &
FUNDING SYSTEM
INNOVATION POLICIES & FUNDING SYSTEM
Economic stability and a new cycle of industrial development policy:
 Sectorial funding system: National Fund for S&T and Development
(inter-ministerial):
space,
agriculture,
biotech,
oil&gas,
infrastructures, transports, telecommunications, etc.
 BNDES (National Development Bank) and FINEP (Federal
Innovation Agency) linked: sectorial priorization and SME funding
systems
 S&T States Agencies: funding for SMEs (in collaboration with
Universities and S&T Institutes)
INNOVATION POLICIES & FUNDING SYSTEM
Entreprises based in Brazil for more than 3 years
can access to:
o Funding and finance instruments (credit)
o Fiscal incentives (Law of Good)
INNOVATION POLICIES & FUNDING SYSTEM
Websites of interest
o Brazilian Development Bank (BNDES) website:
http://www.bndes.gov.br/SiteBNDES/bndes/bndes_en/Instit
ucional/Financial_Support/support_modalities.html
o Financiadora de Estudos e Projetos (FINEP) website:
www.finep.br
IPRs IN BRAZIL FOR EU SMEs
ADDITIONAL INFORMATION
MAIN IP ORGANISATIONS
AND SOURCES OF INFORMATION
NAME
WEB ADDRESS
INPI - Instituto Nacional de Propiedade Industrial
http://www.inpi.gov.br
Fundação Biblioteca Nacional
http://www.bn.br
SEBRAE: A PORTAL FOR SMEs
http://www.sebrae.com.br/sites/PortalSebrae
Industrial Property Agents Association :
http://www.abapi.org.br
Industrial Property Agents Association Listing:
http://www.abapi.org.br/abapi2014/listaassociados.asp?ati
vo=Sim&secao=Associados&subsecao=Lista%20completa
&regiao=
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