Kasznar Leonardos is a leading law firm and pioneer in the history of intellectual property in Brazil, which for over one hundred years of activity has kept its clients informed about the most recent and relevant news for their businesses.

Honoring its mission of valuing innovation and guaranteeing credibility and expertise, Kasznar Leonardos created KL Index™: a platform on which is published a compilation of data that describes the evolution of the Intellectual Property scenario in Brazil since 1996.

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PRACTICAL SOLUTION FOR OBSERVING LEGAL AND JURIDICAL FRAMEWORKS IN THE PROTECTION OF INTELLECTUAL PROPERTY

KL INDEX™ was developed as a simple and practical way to present the Brazilian protection environment to our clients, and today it has become an observatory of the evolution of the national intellectual property scenario.

Containing data collected since 1996, the chart also intends to be a leading indicator to the whole public of the development of intellectual property in Brazil, in order to encourage the Brazilian society to assess the relevance of intellectual property rights to the economy and the country’s social affairs.

INCENTIVE TO INNOVATION

The easy access to information on the growing protection of intellectual property rights in Brazil, available here, is a powerful incentive for the creation of new technologies in the country.

INFORMATION ACCESSIBILITY

This platform is designed to facilitate the analysis of the intellectual property scenario in Brazil, based on a scoring methodology grounded on the impact of each milestone on the protection of these rights cataloged by our team.

OPENNES TO CONTRIBUTION

This observatory is committed to the reliability of the information it discloses. Therefore, based on the premise that nothing is built alone, this channel is always open to suggestions in order to ensure the accuracy of such information.

IP DEVELOPMENT INDICATORS

EVOLUTION OF INTELLECTUAL PROPERTY IN BRAZIL

In 2021, the professionals in the field of intellectual property celebrated 25 years of the Industrial Property Law (Law n° 9,279/96), which represents the constant battle of jurists for greater protection of these rights both in the National Congress and in international relations, as well as in the Brazilian Courts of Justice and the Brazilian PTO itself.

It is easy noticeable that the intellectual property, as a field that concentrates the protection of innovation, is in constant development and evolution to ensure the protection of IP assets.

Click here/on this board to see a graphic overview of the development of intellectual property in Brazil since 1996.

CHECK OUT THE GRAPHIC OVERVIEW OF THE DEVELOPMENT OF INTELLECTUAL PROPERTY IN BRAZIL SINCE 1996

EVOLUTION OF INTELLECTUAL PROPERTY APPLICATIONS IN BRAZIL

+36%

Patents

+158%

Trademarks

+93%

Industrial designs

(Data from 2000 to 2023 | Source: INPI)

BILLS

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EVENTS

Learn about the latest milestones in the Brazilian Intellectual Property system

Event Date Points

Law No. 14.852/2024, the Legal Framework For The Electronic Games Industry

May/24

3

This Federal Law led to the inclusion of a new clause in Article 2 of the Brazilian IP Law, guaranteeing the protection of industrial property rights for electronic games through the granting of a videogame registration before the BPTO.

Ministry of Finance Ordinance SPA/MF No. 1.143

May/24

3

aimed to regulate the gambling and betting market in Brazil, reinforcing the terms of Law No. 14.790/2023 and updating the duties of sports bets to maintain users’ personal data, within the terms of the Law, to evaluate suspicious activities.

Law No. 14.790/2023, the Sports Bets Law

Dec/23

5

brought new benefits for the sports entities and athletes and their intellectual property goods – such as trademarks, emblems, anthems, mascots and image rights – inserted in context affected by sports bets; as well as reinforced the protection of personal data from users of the sporting bets interfaces.

Law No. 14.597/2023, the General Sports Law

Jun/23

8

brought new provisions on athlete´s image rights, the rights to broadcast images of sporting events and anti-counterfeiting measures aiming to protect sports entities. Established ambush marketing in sporting events as a crime in Brazilian Law, and increased criminal penalties for the crime of trademark counterfeiting.

TJSP decision (Interlocutory Appeal n. 2289673-54.2021.8.26.0000)

Apr/23

2

Bruna Silvério Shoes ME vs. CL Brasil, Christian Louboutin SAS and Paloise SAS (The 1st Reserved Chamber of the TJSP upheld a decision granting the injunction requested by the aggravated parties, making it the first court decision in Brazil to recognize the red sole as a trade dress of the Louboutin brand, regardless of the lack of registration of a position or figurative mark for it).

STJ decision (REsp 1.937.989/SP)

Nov/22

7

PR Braun Passagens e Turismo LTDA vs. VP Viagens e Turismo LTDA – Establishes parameters for regulating keyword searches in relation to sponsored link services, recognizing the illegality of this practice when (i) the word acquired constitutes a registered trademark of a third party, (ii) the term is unrelated to the product or service offered by the parties and (iii) the parties offer competing services
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METHODOLOGY

THE IDEA BEHIND THE KL INDEX CHART

The methodology behind the data analysis made available in this platform is a score system created by Kasznar Leonardos, based on the milestones of intellectual property in Brazil. The chart depicts numerically and visually the development of the Brazilian intellectual property legal system over the past 25 years, taking into consideration both favorable and unfavorable events to intellectual property, as well as those of greater and lesser relevance, assigning positive and negative, higher or lower scores to the different events, according to their characteristics.

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