South America: Intellectual Property

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions
Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
Brazil IP
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Article
Bill Proposing PTA For BRPTO Delays Advances In Brazilian Congress
The Brazilian House of Representatives is considering legislation that would introduce a Patent Term Adjustment mechanism to compensate patent holders for administrative delays at the Brazilian Patent and Trademark Office. The proposed framework establishes specific time limits for examination actions and would extend patent terms by one day for each day of unjustified delay attributable to the Office, with a maximum extension of five years.
Worldwide IP
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Article
BRPTO Announces Collaborative Examination Program With INDECOPI
The Brazilian Patent and Trademark Office (BRPTO) and Peru's INDECOPI have launched a collaborative examination initiative for patent applications in pharmaceuticals, biotechnology, and natural products. This partnership, formalized through a 2025 Bilateral Cooperation Memorandum, will provide expedited technical examination for qualifying PCT applications that entered the national phase between October 2022 and July 2023.
Brazil IP
LA
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Video
The Patent Enforcement Economy Is Leaving Inventors Behind/ IPWatchdog Unleashed
The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. This examination explores how litigation costs ranging from $12-20 million, combined with delay tactics and limited injunctive relief, have transformed infringement into an economically rational strategy even when patents are strong.
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Licensing & Syndication

Article
Brazil Appeals Court Holds Pool Licence Offer Meets FRAND Obligation In Panasonic v HMD
The Rio de Janeiro Court of Appeals has issued a landmark ruling in a standard essential patent dispute between Panasonic and HMD, establishing that offering only a pool license can satisfy FRAND obligations under Brazilian law. The decision marks a significant development in Brazil's growing role as a venue for SEP licensing disputes and addresses questions about what constitutes good faith licensing behavior.
Brazil IP
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Article
BRPTO Updates Trademark Guidelines: New Rules On High-renown Status And Madrid Protocol Filings
The Brazilian Patent and Trademark Office has introduced significant updates to its Trademark Guidelines, effective June 2026, reshaping how high-renown trademarks are recognized and how Madrid Protocol filings are processed. These changes offer new strategic opportunities for multinational brands while requiring procedural adjustments for trademark applicants operating in Brazil.
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Trademark

Article
BRPTO Changes Rules For High-Renown Applications
The Brazilian Patent and Trademark Office has introduced new rules allowing trademark owners to consolidate multiple registrations under a single high-renown status application. This procedural change, effective immediately through Normative Ordinance #68/2026, enables special protection across different classes of goods and services. The amendment responds to stakeholder feedback and aims to streamline the process for owners of widely recognized brands operating in diverse market segments.
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Patent

Article
Committee Advances Bill On Patent Ownership Of AI-Assisted Inventions
Brazil's Committee on Industry, Commerce, and Services has issued a favorable opinion on legislation addressing patent ownership for AI-assisted inventions. The proposed amendment to the Brazilian Patent Statute would establish that patent rights for inventions developed with artificial intelligence assistance belong to the individual or legal entity providing the economic or technical means for development, while maintaining that AI systems themselves cannot hold patent rights due to lack of legal personho
Brazil IP
LA
Licks Attorneys
Article
Bill Proposing PTA For BRPTO Delays Advances In Brazilian Congress
The Brazilian House of Representatives is considering legislation that would introduce a Patent Term Adjustment mechanism to compensate patent holders for administrative delays at the Brazilian Patent and Trademark Office. The proposed framework establishes specific time limits for examination actions and would extend patent terms by one day for each day of unjustified delay attributable to the Office, with a maximum extension of five years.
Worldwide IP
LA
Licks Attorneys
Article
BRPTO Announces Collaborative Examination Program With INDECOPI
The Brazilian Patent and Trademark Office (BRPTO) and Peru's INDECOPI have launched a collaborative examination initiative for patent applications in pharmaceuticals, biotechnology, and natural products. This partnership, formalized through a 2025 Bilateral Cooperation Memorandum, will provide expedited technical examination for qualifying PCT applications that entered the national phase between October 2022 and July 2023.
Brazil IP
LA
Licks Attorneys
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Trade Secrets

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Latest Videos

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