Database

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BRAZIL

Reported in 2022, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Reported delays in patent examination
It is reported that data from the National Institute of Industrial Property (INPI) indicate that the average patent examination backlog is approximately 4.3 years, while certain sectors, including the telecommunications industry, experience average delays approaching six years. These delays are particularly significant given that Art. 40 of the Law on Industrial Property stipulates that an invention patent remains in force for a period of twenty years counted from the filing date, meaning that prolonged examination can markedly reduce the effective period of exclusive protection available to applicants.
Coverage Horizontal

BRAZIL

Since April 1978

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Brazil is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

BRAZIL

Since February 1998, entry into force in June 1998

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 9.610 of 1998 - Brazilian Copyright Law (Lei No. 9.610, de 1998 - Lei de Direitos Autorais)
Brazil has a copyright regime under Law 9.610. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted works by third parties. Sections 46-48 list the exceptions, which include: the reproduction of news or informative articles published in newspapers or periodicals, mentioning the author's name; speeches delivered at public meetings of any nature; portraits, or any other form of representation of the image, made on commission, when made by the owner of the object ordered, without opposition from the person represented in them or his/her heirs; among others.
Coverage Horizontal

BRAZIL

Reported in 2017, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported persistence of digital piracy
It is reported that piracy of copyrighted material continues to pose a significant barrier to the adoption of legitimate content distribution channels, with stakeholders noting persistent levels of infringement facilitated through illicit streaming devices (ISDs) and unlawful Internet Protocol television (IPTV) applications.
Coverage Horizontal

BRAZIL

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Brazil is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

BRAZIL

Since December 2007, until November 2029

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Resolution No. 66, dated 11 December 2007 (Resolução No. 66, 11.12.2007)
In December 2007, the Brazilian authorities resolved, under Resolution No. 66, to impose a definitive anti-dumping duty on imports of loudspeakers (HS codes 8518.2100, 8518.2200, and 8518.2990) originating from China. This measure was subsequently reviewed and renewed in November 2013, and again in November 2019 and November 2025, each time for a further five-year period. The applicable duty rate is an ad valorem charge amounting to 78.3% of the CIF value.
Coverage Product: Loudspeakers (HS Codes 8518.21.00, 8518.22.00, and 8518.29.90)

Country: China

BRAZIL

Since December 2025, until December 2030

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
GECEX Resolution No. 837 of 19/12/2025 (Resolução GECEX Nº 837 DE 19/12/2025)
Under Resolution No. 837, the Brazilian authorities have imposed a definitive anti‑dumping duty on imports of certain fibre‑optic cables (HS subheading 8544.70.10) originating from China. The duty applicable to imports from China has been established at USD 2.42 per kilogram. This definitive measure shall remain in force for a period of five years.
Coverage Product: Certain fibre‑optic cables (HS subheading 8544.70.10)

Country: China

BRAZIL

Since December 2025, until December 2030

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
GECEX Resolution No. 829 of 19/12/2025 (Resolução GECEX No. 829 DE 19/12/2025)
Under Resolution No. 829, the Brazilian authorities imposed a definitive anti‑dumping duty on imports of certain optical fibres (HS subheading 9001.10.11) originating from China. The duty applicable to imports from China has been set at USD 47.46 per kilogram. This definitive measure will remain in force for a period of five years.
Coverage Product: Certain optical fibers (HS code 9001.10.11)

Country: China

BRAZIL

Since April 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Law No. 14.133, dated 1 April 2021 – Procurement Process and Administrative Contract Law (Lei No. 14.133, de 1º de abril de 2021 - Lei de Licitações e Contratos Administrativos)
Art. 26.7 of the 2021 Procurement Law stipulates that the procurement of information technology and communications systems considered strategic by the Federal Government may be limited to technologies that are developed and manufactured within Brazil.
Coverage Strategic information technology and communications systems

BRAZIL

Since May 2010

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 7.174 of 12 May 2010 - Regulates the Procurement of Computer and Automation Goods and Services by the Federal Public Administration, Directly or Indirectly, by Foundations Established or Maintained by the Public Authority, and by Other Organisations under the Direct or Indirect Control of the Union (Decreto No. 7.174 de 12 de Maio de 2010 - Regulamenta a Contratação de Bens e Serviços de Informática e Automação pela Administração Pública Federal, Direta ou Indireta, pelas Fundações Instituídas ou Mantidas pelo Poder Público e pelas Demais Organizações sob o Controle Direto ou Indireto da União)
Art. 5 of Decree 7.174 of 12 May 2010 requires federal agencies and parastatal entities to give preferential treatment to domestically produced computer products and goods or services with technology developed in Brazil based on a price/technology matrix.
Coverage ICT goods and services

BRAZIL

Since December 2006

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complementary Law No. 123 of 2006, Amended by Complementary Law No. 147 of 2014 (Lei Complementar No. 123 de 2006, Emendada pela Lei Complementar No. 147 de 2014)
Complementary Law 123 of 2006, amended by Complementary Law 147 of 2014, provides that the procurement of items up to 80.000 BRL (approx 15.000 USD) is exclusive to Brazilian micro and small enterprises (Art. 47 and 48). Besides, micro and small enterprises of Brazilian origin have certain preferences, such as the right to an extra bid if it offers a price 10% higher and a 25% set aside of the number of items in larger contracts of goods if they are divisible.
Art. 49 states that these provisions do not apply if (i) there is not a minimum of three competitive suppliers classified as micro-companies or small companies based locally or regionally and capable of fulfilling the requirements established in the invitation to bid; (ii) the differentiated and simplified treatment for micro and small companies is not advantageous for the public administration or represents damage to the set or complex of the object to be contracted.
Coverage Horizontal

BRAZIL

Since April 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 14.133, dated 1 April 2021 – Procurement Process and Administrative Contract Law (Lei No. 14.133, de 1º de abril de 2021 - Lei de Licitações e Contratos Administrativos)
Art. 26 of Law No. 14.133 states that a margin of preference in the bidding process may be established in favour of domestic manufactured goods and services that meet Brazilian technical standards. This margin may be up to 10% on the price of goods and services and also be extended to manufactured goods and services originating in States that are part of the Southern Common Market (Mercosur). The article also mentions that in the case of national manufactured goods and national services resulting from development and technological innovation in the country, the margin of preference may be up to 20%.
Coverage Horizontal

BRAZIL

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Brazil is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA); however, it has held observer status since October 2017.
Coverage Horizontal

BRAZIL

Since October 1988, last amended in December 2023
Since December 2002

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil)

Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
Art. 222 of the Brazilian Constitution stipulates that a minimum of 70% of the total voting capital of news companies must be held, either directly or indirectly, by native Brazilians or by individuals who have been naturalised Brazilians for over ten years. Furthermore, Art. 2 of Law No. 10.610/2002 also restricts foreign ownership to no more than 30% of the capital stock and voting capital of news companies. It should be noted that neither the Constitution nor the Law defines what constitutes a news company.
Coverage News companies

BRAZIL

Since October 1988, last amended in December 2023
Since December 2002

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil)

Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
The Federal Constitution, in Art. 222, states that editorial responsibility and the activities regarding selection and management of the programming to be disseminated shall be carried out exclusively by native Brazilians or those naturalised for more than 10 years in any social communication medium. It also adds that electronic social communication media, regardless of the technology used to deliver the service, shall comply with the principles stipulated in Art. 221, as provided by specific legislation, shall also ensure priority to Brazilian professionals in producing Brazilian programs.
This is reiterated in Law 10.610/2002, which establishes that the control and management of broadcasting companies and news companies must be exercised exclusively by Brazilians, born or naturalised, for more than 10 years.
Coverage Electronic social communication media

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