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.

Brazil is a party to the Patent Cooperation Treaty (PCT).

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.

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.

Brazil has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Brazil has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Law 9.279 provides a framework for effective protection of trade secrets. Art. 195 (XI, XII, and XIV) of the Law protects confidential, classified or undisclosed information. In addition, Art. 206 safeguards industrial secrets revealed in the context of judicial proceedings by ensuring special confidentiality.

Brazil has established an obligation for passive infrastructure sharing to deliver telecom services to end users. In addition, passive infrastructure sharing is practised in the mobile sector and in the fixed sector. According to Art. 73 of Law No. 9.472/1997, telecom service providers of collective interest have the right to use posts, ducts, conduits, and easements owned or controlled by a provider of telecom services or other services of public interest in a non-discriminatory manner and at fair and reasonable prices and conditions. On the other hand, Law No. 13.116/2015 establishes general rules for the implementation and sharing of telecommunications infrastructure. Additionally, Resolution No. 683/2017 of the "Agência Nacional de Telecomunicações" (Anatel, National Telecommunications Agency) approved the Regulation for Sharing Support Infrastructure to the Provision of Telecommunications Services, which aims to discipline the sharing of infrastructure.

It is reported that the federal government of Brazil owns 96.3% of the shares in the telecommunications company Telecomunicações Brasileiras S.A. (Telebras). The federal government directly holds 92.43% of the total, the Financiadora de Estudos e Projetos (FINEP), an entity of the federal government, owns 3.74%, and Banco do Brasil S.A., a bank under federal governmental control, holds 0.11%

It is reported that Brazil mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.

It is reported that although Brazil permits Brazilian-owned entities to acquire the exclusive right to operate a satellite and its associated frequencies from specific positions, foreign-licensed satellite operators may obtain only a non-exclusive right (a landing right) to provide service in Brazilian territory. The National Telecommunications Agency (ANATEL) grants these landing rights for a fixed term of no longer than 15 years, after which the operator must reacquire the landing rights in order to continue providing services. Foreign operators are also required to pay higher annual landing fees than Brazilian firms.

Brazil has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the National Telecommunications Agency (Anatel), the executive body tasked with supervising and regulating services within the telecommunications sector, operates independently of the government in its decision‑making processes. Anatel is administratively and financially autonomous and is not hierarchically subordinate to any governmental authority. Its decisions are subject only to judicial review by the national courts.

According to Section 5.3 of Ordinance No. 9/2018, data, metadata, information and knowledge produced or stored by Federal Public Administration (FPA) bodies and its backups shall reside in the Brazilian territory. In addition, Section 5.4 stipulates that the data, metadata, information and knowledge generated or held by a FPA entity or body relating to personal data (relating to intimacy, privacy, honour and image), information with restricted access under current legislation and preparatory documents may be processed in a cloud computing environment at the discretion of the FPA entity or body, taking into account current legislation, but must reside exclusively on Brazilian territory.

Art. 12 of Resolution CMN No. 4.893 and Art. 12 of Resolution BCB No. 85 state that institutions authorised to operate by the Central Bank of Brazil (Banco Central do Brasil, BCB) may contract cloud and data processing services in Brazil or abroad as long as they adopt corporate governance practices proportionate to the service hired and the risks to which they are exposed to, and verify the capability of the potential service to ensure compliance with the current legislation, institution's access to data, the confidentiality and integrity of data, adherence to certification patterns required by the institution, access to auditing reports, provision of information and management resources appropriate to the monitoring of services provided, identification of the institution's customer data and quality of access controls aimed at protecting customers data. In addition, Art. 15 of both Resolutions establishes that the companies should notify BCB of the countries where financial data is processed. Also, Art. 16 of both Resolutions provides that the contracting of data processing, data storage and cloud computing relevant services provided abroad must fulfil the following requisites:
- The existence of an agreement for the exchange of information between the BCB and the supervisory authorities of the countries where the services may be provided;
- The contracting institution must ensure that the provision of the services does not cause damage to its own functioning, neither do they deter the action of the BCB;
- The contracting institution must define, previously to the contracting, the countries and the regions in each country where the services can be provided and the data can be stored, processed and managed;
- The contracting institution must anticipate alternatives for business continuity, either in the case of the impossibility of continuing the contract or terminating it.
The BCB's prior approval must be obtained if the institution retains a cloud service provider in countries where there is no agreement to exchange information between the BCB and the competent authorities. The institutions must request such approval from the BCB at least 60 days before retaining the cloud services in question.