Industrial Designs Law in Brazil
Certainly! Here’s an overview of industrial designs law in Brazil:
Industrial Designs Law in Brazil
1. Legal Framework
Industrial designs in Brazil are protected under Law No. 9,279/1996 (Industrial Property Law).
The responsible authority is the National Institute of Industrial Property (INPI).
Brazil is a member of several international agreements:
The Paris Convention
The Hague Agreement (for international design registration)
The TRIPS Agreement
2. Definition of Industrial Design
An industrial design protects the new and original visual features of a product.
This includes shape, configuration, pattern, or ornamentation.
The design must be novel and have an individual character compared to prior art.
3. Registration Process
Applications are filed with INPI.
The examination procedure includes:
Formal examination.
Substantive examination for novelty and originality.
Publication for opposition (60 days).
Grant of registration if no valid opposition is raised or after resolution.
INPI publishes registered designs in its official journal.
4. Duration and Renewal
Protection is granted for 10 years from the filing date.
The registration can be renewed once for an additional 5 years, totaling a maximum of 15 years.
5. Rights Conferred
Exclusive rights to use, manufacture, or sell products embodying the design in Brazil.
Right to prevent unauthorized use or imitation.
Rights can be assigned, licensed, or transferred.
6. Infringement and Enforcement
Infringement involves unauthorized use or copying that creates consumer confusion.
Enforcement is carried out through civil courts.
Remedies include injunctions, damages, and seizure or destruction of infringing goods.
Customs authorities can also assist in enforcement against counterfeit goods.
7. International Registration
Brazil is a contracting party to the Hague Agreement, allowing international design registration designating Brazil.
This enables applicants to seek protection in Brazil via a single international application through WIPO.
Summary Table
| Feature | Details |
|---|---|
| Governing Law | Industrial Property Law (Law No. 9,279/1996) |
| Registration Authority | INPI |
| Duration | 10 years + 5 years renewal (max 15 years) |
| Examination | Formal and substantive (novelty, originality) |
| Opposition | 60 days after publication |
| International Filing | Member of Hague Agreement |
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