BRAZIL LAW AND PRACTICE Contributed by: Alan Campos Elias Thomaz, Juliana Sene Ikeda, Ricardo Barretto Ferreira da Silva and Camila Sabino Del Sasso, Campos Thomaz Advogados
11.2 Intellectual Property Protections Brazil provides robust protection for IP, aligned with international standards such as the Paris Conven - tion and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the “TRIPS Agreement”). Patents, trade marks, industrial designs, copyrights and trade secrets are all recognised and enforceable. The INPI is responsible for granting industrial prop - erty rights, while copyright arises automatically upon creation. In practice, delays in examination remain a challenge, especially for patent applications, though recent reforms and digitalisation have improved processing times. Compulsory licensing is possible in limited cas - es, such as public interest or anticompetitive behav - iour, but it is rarely applied. Software and biotech - nology enjoy protection, although pure algorithms, business methods and certain genetic materials are excluded from patentability. Enforcement is carried out through judicial courts and administrative measures, with increasing use of border control actions and digital enforcement mechanisms. Overall, the jurisdiction is viewed as offering reliable IP protection for investors, despite INPI’s backlog. Note that, to date, Brazil does not have specific legis - lation on AI. As a result, AI-generated works are pro - tected under the existing IP framework, which attrib - utes rights only to human authors or inventors. This means that the ownership of works created by AI is usually attributed to the individual or legal entity that directed the AI.
11.3 Data Protection and Privacy Considerations
The LGPD, which was enacted in 2018 and entered into force in 2020, establishes a comprehensive framework governing personal data processing by public and private entities. The LGPD applies extrater - ritorially, extending to foreign companies that process the data of individuals located in Brazil, even if the processing occurs abroad. The ANPD oversees enforcement and has broad pow - ers to issue guidance, conduct audits and impose administrative sanctions. Penalties are capped at BRL50 million per infraction. However, the enforce - ment of the law remains at an early stage, with a grad - ual increase in supervisory activity and sector-specific guidance. In 2024, the ANPD issued Resolution CD/ANPD No 19, which provides detailed rules for international data transfers. It recognises mechanisms such as standard contractual clauses, global corporate rules and spe - cific consent, aligning Brazil’s framework with global standards. Foreign investors should therefore ensure compliance with the principles of transparency, pur - pose limitation and security, and verify that any cross- border data transfers rely on an approved mechanism under this regulation.
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