PRACTICE AREAS
Brand Protection and Anti-Piracy
Brazil’s dynamic and growing consumer market makes it a key target for counterfeiters. However, the country has established a robust and multi-layered system for brand protection, combining civil, criminal, and administrative measures. This guide provides a strategic overview of the Brazilian anti-counterfeiting ecosystem, with a special focus on the pivotal role of the National Directory for Combating Trademark Counterfeiting.
The Brazilian Legal Framework
Brazil’s commitment to protecting intellectual property is anchored in its domestic legislation and adherence to major international treaties. The legal framework provides a comprehensive set of tools for rights holders to enforce their rights and combat illicit trade.
| Key Legal Instrument | Description |
|---|---|
| Industrial Property Law (Law 9,279/96) | The cornerstone of IP protection in Brazil, governing trademarks, patents, and industrial designs. It defines infringement and establishes civil and criminal penalties. |
| Copyright Law (Law 9,610/98) | Protects literary, artistic, and scientific works, including software. |
| Internet Law (Law 12,965/14) | Known as the “Marco Civil da Internet,” it establishes principles for internet use in Brazil and provides a framework for addressing online infringements. |
| Customs Regulatory Act (Decree 6,759/09) | Authorizes customs authorities to detain goods suspected of infringing intellectual property rights. |
International Treaties: Brazil is a signatory to key international agreements, including the TRIPS Agreement and the Paris Convention, ensuring that foreign rights holders are afforded the same protections as domestic ones.
Enforcement Mechanisms
Effective brand protection in Brazil relies on a coordinated strategy that leverages three main pillars of enforcement:
Administrative Enforcement
The Federal Revenue Service (RFB) can seize suspected counterfeit goods at the border. Registration with the National Directory enables swift action by customs officials.
Civil Enforcement
Rights holders can file civil lawsuits to stop infringement and seek damages. Courts can grant preliminary injunctions and authorize search and seizure orders.
Criminal Prosecution
Counterfeiting is a crime in Brazil. Criminal prosecution can be a powerful deterrent, especially against large-scale counterfeiters.
The National Directory: A Game-Changer
“The Directory functions as a strategic information center exclusively accessed by authorized public agents active in combating counterfeiting, authorized by the Ministry of Justice and Public Security…”
The National Directory for Combating Trademark Counterfeiting is a strategic initiative of the National Council to Combat Piracy (CNCP) and the National Institute of Industrial Property (INPI). It serves as a centralized database for public authorities to facilitate the identification and seizure of counterfeit goods.
270+ Companies Registered
35,000+ Trademarks Protected
32+ Countries Represented
30% World’s Top Brands
Key Features
- Direct communication with trademark representatives
- Comprehensive product information and images
- Intelligence sharing on counterfeit routes
- Quick verification of product authenticity
Benefits
- Increased efficiency in enforcement actions
- Time and cost savings for rights holders
- Faster seizure of counterfeit goods
- Enhanced public-private cooperation
Our Services
We offer a comprehensive suite of services to help foreign counsel and their clients navigate the complexities of brand protection in Brazil:
Strategic Consulting
Customized anti-counterfeiting programs tailored to your specific needs and budget.
Intelligence & Investigations
In-house team conducts online and offline investigations to identify counterfeiters.
Customs Enforcement
Registration with National Directory and coordination with customs authorities.
Civil & Criminal Litigation
Proven track record in obtaining injunctions, damages, and criminal convictions.
Online Brand Protection
Advanced technology to monitor marketplaces with high success rate in takedowns.
Training & Coordination
Public-private cooperation programs and training for law enforcement authorities.
Ready to Protect Your Brand in Brazil?
Contact us today for a consultation and let us be your strategic partner in protecting your brand in Brazil.
