Brazil

Veirano releases its new Sustainability Report, aligned with GRI standards. See highlights in diversity, environment, governance, and social impact. Veirano Advogados presents the latest edition of its Sustainability Report, reaffirming its commitment to ESG (Environmental, Social, and Governance) principles and transparency in its institutional practices. Prepared voluntarily and in accordance with Global Reporting Initiative (GRI) standards, the report provides an overview of the progress made and challenges faced throughout 2023 in the areas of diversity and inclusion, environmental impact, ethical management, innovation, and social responsibility. Veirano is one of the first law firms in Brazil to adopt this international reporting standard, underscoring its role as a driver of change in the legal sector and society. Read the full report and learn more about our initiatives, here.

On twenty-second of August, I have the honour of marking a milestone beyond my professional career — the 25th anniversary of the book Sanctioning Administrative Law — with an unprecedented lecture at the II Congresso Brasileiro de Direito Administrativo Sancionador (Brazilian Congress on Sanctioning Administrative Law), organised by IDASAN, to be held at the AASP headquarters. Lecture theme: Objective and Subjective Responsibility in Sanctioning Administrative Law More than merely a technical-legal domain, Sanctioning Administrative Law also reflects the ethical-institutional nature of the state’s punitive power. In this lecture, I propose reflections that transcend the boundaries of legal dogmatics: What is the meaning of legal responsibility in the 21st century? Which values should guide the state’s sanctioning function? How should the state’s punitive claims be oriented within a Democratic Rule of Law? This is a journey to reclaim the ethical purpose behind the exercise of power. It is not merely about punishing, but understanding, guiding, restoring, and protecting the dignity of institutions and individuals. To register, simply visit the IDASAN website: https://idasan.com.br/ii-congresso-brasileiro-de-direito-administrativo-sancionador#ingresso #FábioMedinaOsório #IDASAN #SanctioningAdministrativeLaw #Lecture

Brazil has made an important advancement in harmonizing its trademark system with international standards. On June 10, 2025, the Brazilian Patent and Trademark Office (BPTO) published Ordinance No. 15/2025, which formally introduces the concept of acquired distinctiveness (also known as “secondary meaning”) into Brazil’s trademark prosecution system. This reform opens new possibilities for companies whose marks, while initially lacking inherent distinctiveness, have gained recognition through use in the market. Under Brazil’s Industrial Property Law (BIPL), the registrability of a trademark has traditionally been based on its inherent distinctiveness. Signs that are descriptive, generic, or commonly used in reference to a product or service were historically ineligible for registration. However, Brazilian courts have occasionally upheld trademarks that have become associated with a specific company in the marketplace, even if they were initially considered descriptive. Despite this judicial flexibility, the BPTO did not have a formal procedure to recognize acquired distinctiveness, and claims of secondary meaning were often dismissed due to the absence of a clear regulatory framework. Ordinance No. 15/2025 now provides a structured mechanism for applicants to demonstrate acquired distinctiveness. The regulation, effective November 28, 2025, amends Ordinance No. 08/2022 and creates Chapter XVI-A, which specifically addresses the examination of acquired distinctiveness. Under the new framework, applicants can submit evidence of acquired distinctiveness at different stages of the application process, including at the time of filing, within 60 days after publication in the Official Gazette, or in response to a rejection, opposition, or administrative nullity action. For pending applications or registrations under dispute, a 12-month window will allow applicants and owners to request the examination of acquired distinctiveness beyond the usual timeframes. This transitional provision provides an opportunity to demonstrate secondary meaning for marks that may have been facing challenges based on lack of inherent distinctiveness. The evidence required to establish acquired distinctiveness includes proof of continuous use of the mark for at least three years and evidence that a significant portion of the Brazilian public recognizes the mark as identifying the applicant as the source of the goods or services. Third-party documents, such as market research or independent surveys, are recommended to support these claims, although consumer surveys are not explicitly required. The introduction of acquired distinctiveness into the BPTO’s regulatory framework represents a significant step forward for trademark law in Brazil. This reform aligns Brazil with international best practices, offering companies the chance to protect marks that have gained distinctiveness through market recognition, including descriptive terms and non-traditional marks. It also reflects the BPTO’s commitment to modernizing Brazil’s trademark system and ensuring it remains responsive to the evolving nature of branding in the global marketplace. By José Roberto de Almeida and Jéssica Lima July 21, 2025  

Estate planning aims to ensure the proper transfer of assets, preventing disputes and protecting property. When it comes to digital assets, such as social media accounts, cloud-stored files, and email accounts, the complexity increases due to technical and legal factors, including online access and the intangible nature of these assets. Without a strategy for managing digital assets, heirs may face difficulties accessing essential accounts or risk losing valuable resources, such as cryptocurrencies. One essential solution is the creation of a digital inventory, which should contain a detailed list of all digital accounts, including login credentials, passwords, and other necessary access information. It is also crucial to establish guidelines for the management of these assets through a digital will, specifying how the digital estate should be administered. Brazilian legislation on digital inheritance is still in the process of adaptation. Currently, there are no comprehensive regulations governing the succession of digital assets, and each platform has its own policies. Some allow for the deletion of profiles, others provide the option to appoint a legacy contact to manage accounts, and cryptocurrencies require strict control over private keys. This underscores the need for a well-structured estate plan, supported by specialized legal counsel, to ensure that the deceased’s wishes are honored and that heirs can properly manage digital assets.