A New Chapter on Football Spray - an off-field dispute - the Brazilian spray patent battle with FIFA

A New Chapter on Football Spray - an off-field dispute - the Brazilian spray patent battle with FIFA

Since 2017, there has been an off-field football dispute over the patent infringement of the spray used to mark the distance between the barrier's position and the ball for free kicks in football matches.

Copyright Registration via Blockchain: A Perspective Under Brazilian Law and Local Practice

Boosting Brazil's Semiconductor Industry: BRPTO's Active Participation and Government Initiatives

The Brazilian PTO hosted this week, from October 23rd to 27th, in Rio de Janeiro, Brazil, the ninth meeting of the Experts’ Group for Semiconductor Technology (EGST). This is the first time that the meeting has taken place outside of the World Intellectual Property Organization (WIPO), in Geneva, Switzerland. The group’s objective was to discuss a new class in the International Patent Classification (IPC) focused on semiconductors. Participants from several countries such as Japan, Korea, the UK, the USA, France and, of course, Brazil as well as representatives from the IP entities EPO and WIPO from many different areas of related technologies such as chemistry, electricity, and mechanics, were present at the meeting.

Artificial Intelligence Regulation in Brazil: What’s Going On

Artificial Intelligence Regulation in Brazil: What’s Going On

In the wake of rapid advances resulting from generative artificial intelligence, global governments, and policymakers are studying and accelerating efforts on how to regulate and legislate about AI, being a multitask work, from what AI is capable to do or not to do, its impacts, and consequences.

World IP day in times of COVID-19 Pandemic

The World Intellectual Property Day is celebrated every year on April 26. This year, the importance of this date takes on a new meaning in the midst of the COVID-19 pandemic.

Impacts of the current pandemic on the routine of the Brazilian courts

Over the last weeks, due to the coronavirus pandemic, people have witnessed with astonishment the necessary interruption of several basic services, which are constitutionally assured and regularly provided, among them, services provided by the courts.

The Brazilian backlog elimination plan in numbers and the possible impacts of the COVID-19 crisis

In the second half of 2019, the Brazilian Patent Office (BRPTO) started an ambitious plan to eliminate the backlog of unexamined patent applications. The aim of the project is to reduce 80% of the current backlog within two years. Up until March 2020, before the world COVID-19 crisis, the numbers were really impressive. The challenge now is to keep this progress going, while maintaining the examiners working 100% remotely.

Brazilian Senate postpones its national data protection law

On April3, the Brazilian Senate approved a Bill of Law (PL 1179/2020) with several emergency measures to deal with the COVID-19 pandemic in Brazil. The bill includes a specific rule that postpones the entry into force of the Brazilian General Data Protection Law, the LGPD.

The COVID-19 pandemic: are drug patents at risk?

It is still too early to determine when a vaccine against new coronavirus will be available. Even if renowned research centers and pharmaceutical companies could put their best efforts into developing a vaccine against COVID-19, it is obviously necessary to follow the correct clinical protocols to launch a safe and effective product in the market. Specialists say that it will take at least 18 months, which is an extremely optimistic prediction.

Damages for IP infringement - a true deterrent?

Under Brazilian law, the injured party in an infringement lawsuit can request compensatory damages in addition to obtaining a court order that the infringing practice be ceased. Such damages can be divided into two main categories: (i) moral damages, and (ii) material damages, which include actual damages and the loss of profit.

Ó, ABRE ALAS... To the official carnival sponsors

Our immersion in the virtual world is increasing each day. We talk to people, read news, make bank transactions, buy stuff and have fun through the Internet, i.e., we do things that were unimaginable in the recent past.

Ensuring Internet and Personal Data Privacy in a Virtual World, according to Brazilian Law

Our immersion in the virtual world is increasing each day. We talk to people, read news, make bank transactions, buy stuff and have fun through the Internet, i.e., we do things that were unimaginable in the recent past.

Closing the Series: Digital Law in Brazil - Hot Topics | Risk, Innovation and Regulation

Closing the Series: Digital Law in Brazil - Hot Topics | Risk, Innovation and Regulation

Amid the various transformations experienced in the digital landscape, over the past month the article series “Digital Law in Brazil - Current Hot Topics”, written by different professionals from the firm Montaury Pimenta, Machado & Vieira de Mello, has sought to map the issues that have most mobilized legislators, courts, regulators, and legal practitioners in the field of Digital Law.

Brazil in the Global SEP Arena: Litigation and Enforcement Trends in 2025

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 under the Brazilian Code of Civil Procedure, growing judicial familiarity with complex technology disputes, and the active role of specialised business courts.

Digital Law in Brazil - Hot Topics | Privacy Policy Must-Haves Under Brazil's LGPD: Legal Requirements and Local Practice

Digital Law in Brazil - Hot Topics | Privacy Policy Must-Haves Under Brazil's LGPD: Legal Requirements and Local Practice

Under the Brazilian General Data Protection Law (LGPD), the Privacy Policy plays a central role in operationalizing the principles of transparency, purpose limitation, and accountability established in Article 6 of the law. Far from being a mere formality or a copy-and-paste document, as many organizations still rely on, the Privacy Policy is one of the primary instruments through which controllers demonstrate compliance to both data subjects and regulators..

Digital Law in Brazil - Current Hot Topics | From Guidance to Active Oversight: Brazil’s New Phase of Cybersecurity Regulation

Digital Law in Brazil - Current Hot Topics | From Guidance to Active Oversight: Brazil’s New Phase of Cybersecurity Regulation

The year 2025 marked a paradigm shift in Brazil’s data protection landscape, as the National Data Protection Authority (ANPD) was elevated to the status of a regulatory agency, acquiring expanded powers of enforcement, rulemaking, and sanctioning.

Digital Law in Brazil - Current Hot Topics | Facial Biometrics and the LGPD: Advances, Risks and Regulatory Trends

Digital Law in Brazil - Current Hot Topics | Facial Biometrics and the LGPD: Advances, Risks and Regulatory Trends

The use of facial biometrics has become one of the most widespread technologies driving digital transformation in recent years. From authentication systems on mobile devices to access control in companies and residences, biometric identification has become common practice in various settings. This accelerated growth, however, brings significant legal challenges, especially regarding the protection of personal data under the Brazilian General Data Protection Law (“LGPD”) - Law No. 13.709/2018.

Digital Law in Brazil - Current Hot Topics | Brazil’s Digital ECA and Its Impact on the Technological Ecosystem

Digital Law in Brazil - Current Hot Topics | Brazil’s Digital ECA and Its Impact on the Technological Ecosystem

Law No. 15,211/2025, known as the Digital ECA, represents an unprecedented regulatory milestone in Latin America by establishing a specific legal framework for the protection of children and adolescents in the digital environment. Acknowledging that young people are immersed in online platforms from early childhood, the legislation seeks to update the Child and the Adolescent Statute to reflect a reality in which risks such as exposure to harmful content, abusive data collection, persuasive advertising, emotional manipulation, and digital dependency have become part of everyday life.

Digital Law in Brazil - Current Hot Topics | Sponsored Links and Unfair Competition in Brazil: Recent Court Trends

Digital Law in Brazil - Current Hot Topics | Sponsored Links and Unfair Competition in Brazil: Recent Court Trends

In judging SPECIAL APPEAL No. 2096417 - SP (2023/0328252-0), the rapporteur, Minister Nancy Andrighi, stated that:

Brazil’s Supreme Court Redefines Platform Liability: Toward a Global Model of Digital Diligence

Digital Law in Brazil - Current Hot Topics | Brazil’s Supreme Court Redefines Platform Liability: Toward a Global Model of Digital Diligence

In a landmark decision, Brazil’s Supreme Federal Court (STF) declared the partial unconstitutionality of Article 19 of the Marco Civil da Internet, reshaping the country’s approach to online platform liability. The ruling introduces a layered model of diligence and responsibility that aligns Brazil with evolving global standards such as the EU’s Digital Services Act and other emerging regimes of digital accountability.

Digital Law in Brazil - Current Hot Topics | Artificial Intelligence in Brazil: An Overview of the Regulatory Landscape

Digital Law in Brazil - Current Hot Topics | Artificial Intelligence in Brazil: An Overview of the Regulatory Landscape

At present, Bill No. 2,338 of 2023 is under consideration before the Brazilian National Congress, proposing a framework for the development, promotion, and ethical and responsible use of artificial intelligence (AI), grounded in the principle of human-centricity. The bill seeks to reconcile incentives for technological innovation with the protection of fundamental rights and the guarantees afforded to data subjects, by establishing parameters aimed at legal certainty and the prevention of abusive practices involving AI. Inspired by the European Union’s regulatory model, the proposal adopts a risk-based approach, classifying AI systems according to the potential impact of their applications on human life and the degree of threat posed to fundamental rights, distinguishing between artificial intelligence and generative artificial intelligence.

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