Brazil has been on the U.S. Trade Representative´s Special 301 Watch List at https://ustr.gov/issue-areas/intellectual-property/special-301since 2007. This designation reflects significant concerns with respect to high levels of counterfeiting and piracy in Brazil, including online piracy, as well as concerns regarding the decreasing but still long delays in the examination of patents.  The average pendency for patents is approximately 5-6 years, as reported by Brazil’s National Institute of Industrial Property. 

For information on obtaining and enforcing intellectual property rights and market-specific IP toolkits, visit the STOPfakes website.  The toolkits contain detailed information on protecting and enforcing IP in specific markets and contain contact information for local IPR offices abroad and U.S. Government officials available to assist Small and Medium Enterprises (SMEs). Brazil also provides a website with Brazil specific resources. 

The U.S. Department of Commerce has a regional IP Attaché based in Rio de Janeiro, Brazil who can provide advice and support to U.S. companies facing IP representation issues in the region.

David B. Kellis

Regional IP Attaché

U.S. Consulate General, Rio de Janeiro, Brazil

Telephone: +55 (21) 3823-2499

E-mail: david.kellis@trade.gov

The U.S. State Department’s Investment Climate Statement also contains information on the protection and enforcement of intellectual property rights in Brazil.