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ARTICLE · 15 DECEMBER 2016

Protecting And Enforcing Design Rights: Brazila

Daniel Law
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In Brazil, the legal provisions for industrial designs are included in the Industrial Property Law (9,279/96). This law is supplemented by normative acts which regulate the INPI.

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Rana Gosain
Rana Gosain
André Venturini
André Venturini
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Legal framework

In Brazil, the legal provisions for industrial designs are included in the Industrial Property Law (9,279/96). This law is supplemented by normative acts which regulate the National Institute of Industrial Property (INPI). The most recent of these are Normative Acts 44/2015 and 45/2015.

Industrial designs are classified according to the Locarno Agreement and are granted under a registration system that shares similarities with the Brazilian patent system.

Unregistered designs

Unlike the EU unregistered Community design system, Brazilian design law provides no protection for unregistered designs. This means that the author of a design must obtain registration in order to prevent unauthorised third-party use. In rare cases, pursuing copyright protection may be an option to prevent third parties from exploiting a design.

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