Brazil in the Global SEP Arena: Litigation and Enforcement Trends in 2025
A more complex and strategic patent litigation landscape Patent litigation in Brazil has undergone significant transformation over recent years, particularly in disputes involving Standard Essential Patents (SEPs). What was once a jurisdiction perceived as slow and procedurally rigid has become an increasingly strategic forum for SEP enforcement. This shift has been driven by procedural flexibility […]
The Current Landscape of SEP Disputes in Brazilian Courts
Preliminary Injunctions: Bringing Expert Evidence Forward Brazilian law allows preliminary injunctions in patent infringement disputes, including before the defendant is heard. Article 209(1) of the Brazilian Industrial Property Law (Law No. 9,279/96) authorizes measures to prevent irreparable or hard-to-repair harm, while Article 300 of the Code of Civil Procedure requires evidence establishing a likelihood of […]
Ranking Lexology Index
We are delighted to share that our partners Luiz Edgard Montaury Pimenta, Eduardo Machado and Joana De Mattos Siqueira were recognized as one of the world’s leading practitioners in the Lexology Index: Thought Leaders IP 2026 report, for their notable contributions and expertise in the area. Lexology Index, formerly Who’s Who Legal, is a comprehensive […]
WTR recognition
We are delighted to share that Montaury Pimenta, Machado & Vieira de Mello has been recognized as a Gold Firm in Copyright 1000: The World’s Leading Copyright Professionals, a new international guide by WTR and IAM (LB Research) highlighting leading firms and professionals in the copyright field. Our professionals Luiz Edgard Montaury Pimenta, Marianna Furtado […]
Brazilian Industrial Property Law and Online Marketplaces: A Legislative Turning Point for IP Enforcement
The debate over the effectiveness of enforcement against industrial property infringements has reached an fectiveness of enforcement against industrial property infringements has reached an institutional turning point in Brazil. institutional turning point in Brazil. As widely discussed in the final report of the Brazilian Chamber of Deputies’ As widely discussed in the final report of […]
Fragmented Counterfeiting in Brazil: A New Customs Risk for Brand Owners
A recent joint study published by the Organisation for Economic Co-operation and Development (OECD) and the European Union Intellectual Property Office (EUIPO) estimated the global impact of illicit trade at an extraordinary US$467 billion annually. Beyond the impressive financial figure, the most critical development for legal departments and intellectual property rights holders lies in the […]
Brazil – Counterfeiting and Public Health: New Parameters for Civil Liability
For decades, trademark litigation in Brazil faced a cultural barrier, as it was often perceived by the courts and the public as a strictly patrimonial dispute between large corporations and economically vulnerable sellers. This perception has been definitively undermined by the rapid expansion of illicit markets into highly regulated sectors, such as medicines, beverages, agricultural […]
Brazil considers tougher anti-counterfeiting regime as focus shifts to organised crime networks
Brazil is considering a package of legislative measures that could reshape the country’s approach to counterfeiting by treating it as part of a wider ecosystem of organised crime, illicit trade and digital infringement. While the proposals remain at a relatively early stage, local experts say they represent a significant shift in how policymakers are framing […]
SEP Litigation in Brazil: Key Takeaways from the ABPI (Brazilian IP Association) International Congress
The evolving approach of Brazilian courts to Standard Essential Patent (“SEP”) litigation was at the center of the panel “Litigation Involving SEPs”, held during the 46th International Congress of the Brazilian Intellectual Property Association (ABPI). Moderated by Ana Paula Affonso Brito, partner at Montaury Pimenta, Machado & Vieira de Mello, the panel brought together attorneys […]
Brazil Expands Fast-Track Examination Limits for Telecommunications Patents
The Brazilian Patent and Trademark Office (BPTO) has once again revised the rules governing fast-track examination for patent applications in the ICT (Information and Communication Technology) sector, this time expanding limitations that had been reduced earlier. Telecommunications-related patent applications, mostly classified under IPC H04 (Electric Communication Techniques), have been subject to a series of regulatory […]
