It is reported that there are long-standing concerns about the IP enforcement regime in Brazil and that online piracy, the use of illicit streaming devices (ISD), video game piracy, piracy in the metaverse, signal theft and the use of unlicensed software in the country remain major obstacles to the adoption of legitimate content distribution channels.

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

Brazil has not signed 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.

Telecomunicações Brasileiras SA (Telebras), the former incumbent, is a state-owned company created by Law No. 5,792 of July 1972. As established by Decree No. 7.175 of 2010, its task is to implement public policies related to the universalisation of telecommunications access in Brazil. As of December 2022, it was reported that the government-owned approximately 97% of the company's shares. Of these, 93% were held by the Federal Government, while 4% were held by Financiadora de Estudos e Projetos (FINEP). FINEP, a Brazilian federal organisation under the Ministry of Science and Technology, is responsible for financing scientific and technological advancements in the country.

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.

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

Brazil is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

In December 2007, the Brazilian authorities decided to impose a definitive anti-dumping duty on imports of loudspeakers (HS codes: 8518.2100, 8518.2200 and 8518.2990) from China under Resolution No. 66. This measure was reviewed and extended in November 2013 and subsequently, in November 2019 for a period of five years. The rate of duty is ad valorem 78.3% of the CIF value.

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. Although Law No. 14,133 came into effect in April 2021, it did not repeal Law No. 8,666 until 30 December 2023. The latter law had previously included this restriction in Art. 3:12.

According to Arts. 14-15 of the Supreme Decree 1391, a homologation process is needed for telecom products, which requires an administrative resolution by the "Autoridad de Regulación y Fiscalización de Telecomunicaciones y Transportes" (ATT). Moreover, Art. 16 states that to import telecom equipment and antennas used for satellite receiving, a previous authorisation by the ATT is needed. The products that require approval include: modems, wireless telephones, transceiver terminals, equipment for television broadcasting, equipment for sound broadcasting, equipment for Earth stations, power amplifiers for radio frequency, transceivers and transmitters switching stations, equipment for data networks, multiplexers, and optical line terminal equipment.
According to Art. 18 of Administrative Resolution ATT-DJ-RA TL 1022/2013, international test reports are accepted for the homologation process to obtain a certificate of conformity. Acceptable international test reports include CE and FCC test reports. However, technical documents must be reviewed and validated by ATT.

According to Art. 195 of the Supreme Decree No. 25870, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This regime only applies to shipments imported through the "Empresa de Correos de Bolivia" (ECOBOL), the designated postal operator. Parcel post and express shipments may be imported through ECOBOL, free of customs duties. These shipments are defined as those containing goods that are not sent by commercial companies, whose importation is neither prohibited nor subject to prior authorisation, and which meet the specified value threshold.