The Evolution of Intellectual Property in Brazil

Growth of IP Filings in Brazil

From 2001 to 2015






Industrial Design

Introducing the Kasznar Leonardos’ Intellectual Property Index


In 2016, Brazilian Intellectual Property practitioners celebrated the 20th year anniversary of the 1996 Industrial Property Act. This legislation was enacted in order to make the Brazilian IP system TRIPS compliant by replacing the former 1971 outdated Industrial Property Code, which was passed by the military regime on a nationalist basis.

Much has undergone over the past 20 years in the Brazilian IP legal battleground, both within the National Congress and the courts of Law. Significant government policies and case Law have made their entry into the arena, both to enhance or to defy IP rights. With its almost hundred years’ experience, Kasznar Leonardos took part or followed-up very closely each of such interesting developments in the Brazilian recent IP History, always keeping its clients posted on the latest and most relevant news to their business.

Grounded on that large experience and believing that all the data the firm could gather in the last two decades would be of interest to the IP community worldwide, Kasznar Leonardos has decided to share that knowledge in the most accessible and interesting way. Here is why the KL INDEX was born.

KL INDEX is a one of a kind proposal to depict the evolution of the Brazilian IP scenario since the aforementioned 1996 landmark. Thought as a simple way to present the Brazilian protection environment to our clients, the chart also intends to be a leading indicator to the whole public, fulfilling its goal of becoming a relevant tool for the Brazilian society to assess the importance of IP rights for the economy and for the country’s social affairs.

Landmarks in the Brazilian IP legal system

Get to know the Landmarks in the Brazilian IP legal system.

Event Date Points

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Learning KL INDEX Methodology

The idea behind the chart

The idea is to portray in figures the development of the Brazilian IP legal system in the past 20 years. Built on this aim, the chart starts at 100 points on the very date in which the 1996 Industrial Property bill was passed into Law (May 14th, 1996). Thereafter, the chart yields more points whenever a favorable event to IP rights in Brazil happens. On the other hand, the chart’s points are reduced whenever a negative event to IP strength in the country happens. Thereby, the resultant curve is expected to reflect the Brazilian accomplishments and misachievements in enhancing IP protection over the years.

Event Points Attribution Positive Points Attribution Negative
A new statute 10 -10
A leading case decision of the Supreme Court 7 -7
A leading case decision of the Superior Court of Justice 5 -5
A leading case decision of the Federal Court of Appeals for the 2nd Circuit 3 -3
A leading case decision of the São Paulo State Court of Appeals 2 -2
A leading case decision of the Rio de Janeiro State Court of Appeals 2 -2
A leading case decision of other courts 1 -1
A BPTO new resolution 5 -5
A regulation from other regulatory bodies that directly affects IP 5 -5
Other regulations or decisions 1 -1

*A positive event is herein defined as a court decision or a regulation that enhances protection, facilitates protection or upholds the enforcement of IP rights.

**A negative event is herein defined as a court decision or a regulation that reduces protection, creates difficulties for protection or refuses the enforcement of IP rights.

Landmarks in the Brazilian IP legal system

For the first edition of the index, we have considered more than 80 relevant events for IP protection in Brazil, such as the following:

  • The 1997 Plant Varieties Act
  • The 1998 new Copyright Act
  • The 1998 new Software Act
  • The 2004 Innovation Act
  • The 2007 Integrated Circuit Topography Act
  • The 2012 World Cup Act
  • The 2016 Olympics Act
  • Regulations on the high reputation of trademarks
  • Regulation on trademark registration disclaimers
  • Relevant decisions of the antitrust authority on IP
  • BPTO guidelines
  • Leading cases on second use, pipeline and mailbox patents
  • Much more!