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 […]
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 […]
Brazilian Advertising Authority (CONAR) updates betting advertising rules: Key impacts for operators
The Brazilian Advertising Self-Regulation Authority (CONAR) has updated Annex “X” of the Brazilian Advertising Self-Regulation Code, which establishes specific rules for betting advertising in Brazil. The new rules were approved on August 27 and published on August 28, 2026, and will enter into force 30 days after publication. The update aligns with recent regulations issued […]
SEP Litigation in Brazil: What 2026 Looks Like
In 2025, around 40 SEP infringement court actions were filed in Brazil. In the opening months of 2026, around 20 more followed, with the trajectory pointing to a fuller year ahead. A few patterns stand out. Video accounts for most of the docket Across 2025 and 2026, video codec cases account for around 60% of […]
