Intellectual Property in Brazil

Trademarks, copyright, industrial design, patents, and software in Brazil. INPI, Madrid Protocol, registration, opposition, takedown.

Topics within Intellectual Property in Brazil

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Unregistered Trademark in Brazil: Can Someone Use Your Name?

Brazil is first-to-file: priority goes to whoever files first at INPI (LPI), not to first user. Exception: Art. 129 §1 (good-faith prior use 6+ months).

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Due Diligence and M&A in Brazil for the Foreign Buyer: What to Audit First

Brazilian M&A due diligence: 7 areas — labor, tax, corporate, IP, LGPD, contracts with change-of-control, regulatory licenses.

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Foreign Startup in Brazil: Legal Setup and IP Protection

Foreign startup in Brazil: 4 pillars — corporate form (LTDA→S.A.), Startup Law (LC 182/2021), INPI trademark, LGPD from day one.

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Intellectual Property and Technology in Brazil for Foreign Companies: Trademark, Software, Patent, Know-How

Foreign IP protection in Brazil: 5 fronts — trademark (LPI), patent, software (Law 9,609), copyright (LDA), know-how. Assignment needs INPI recording.

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Madrid Protocol in Brazil: Multi-Country Trademark Filing

Brazil joined the Madrid Protocol on Oct 2, 2019. File trademarks in multiple countries via WIPO — requires a base mark and 5-year central dependency.

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Trademark Registration in Brazil via INPI: Founder Guide

Foreign founder files trademark in Brazil via INPI (LPI 9,279/1996). Principle: rights from filing, not use. Brazilian resident agent required.

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Business Contracts for Foreign Companies in Brazil: 7 Critical Clauses in Cross-Border Deals

Cross-border contract lives or dies on 7 clauses: governing law, forum/arbitration, language, currency, tax, IP, termination. Localization ≠ translation.

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Foreign-Founder Startups in Brazil: Cap Table, Vesting, ESOP, and IP Assignment

Foreign founder of Brazilian startup: 5 fronts — vehicle (LTDA/S.A.), Startup Law (LC 182/2021), cap table with vesting, ESOP, founder IP assignment.

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Who Owns AI-Generated Content in Brazil?

AI-only generated content may not be protected by copyright in Brazil (Copyright Act, Law 9,610/1998). With meaningful human input, protection may arise.

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Market Entry Into Brazil: How Foreign Companies Enter the Brazilian Market

Foreign company entering Brazil: 6 modes — direct sales, distribution, licensing, subsidiary, joint venture, acquisition. Model before execution.

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Copyright assignment: what it means to sign

Copyright assignment in Brazil (LDA art. 49) needs written form and scope (term, territory, modality). Moral rights (art. 24) cannot be assigned.

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ChatGPT generated my logo: do I have copyright protection in Brazil?

Copyright on AI-generated logos is open ground in Brazil. The mark can be registered at INPI — title goes to whoever files, not the AI. Three layers.

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