BRAZIL
Reported in 2005, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Complaints on patent applications
There are reported complaints regarding the pendency of patent applications. This also impacts the effective term of patent protection, given that the patent's validity starts from the filing date (Art. 40 of the Brazilian Industrial Property Law (Law No. 9,279 of 1996).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240728103310/http://www.planalto.gov.br/ccivil_03/Leis/L9279.htm
- https://www.state.gov/reports/2023-investment-climate-statements/brazil/
- https://web.archive.org/web/20240703024411/https://www.gov.br/inpi/en/services/patents/laws-and-regulations/laws-and-regulations/lpienglish.pdf
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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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.49%
Coverage rate of zero-tariffs on ICT goods (%)
24.23%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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BRAZIL
Since December 2007, extended in November 2013 and 2019, until November 2024
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 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.
Coverage Product: Loudspeakers (HS Codes 8518.21.00, 8518.22.00, and 8518.29.90)
Country: China
Country: China
Sources
- https://www.gov.br/mdic/pt-br/assuntos/comercio-exterior/defesa-comercial-e-interesse-publico/medidas-em-vigor/medidas-em-vigor
- https://www.gov.br/produtividade-e-comercio-exterior/pt-br/assuntos/comercio-exterior/defesa-comercial-e-interesse-publico/medidas-em-vigor/medidas-em-vigor/alto-falantes
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
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BRAZIL
Since April 2021
Since June 1993, as amended in December 2010, until December 2023
Since June 1993, as amended in December 2010, until December 2023
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)
Law No. 8,666, dated 21 June 1993 – Regulates Art. 37, Inc. XXI, of the Federal Constitution, establishes rules for public procurement and contracts in the public administration, and makes other provisions (Lei No. 8.666, de 21 de junho de 1993. Regulamenta o Art. 37, Inciso XXI, da Constituição Federal, institui normas para Licitações e Contratos da Administração Pública e dá outras providências)
Law No. 8,666, dated 21 June 1993 – Regulates Art. 37, Inc. XXI, of the Federal Constitution, establishes rules for public procurement and contracts in the public administration, and makes other provisions (Lei No. 8.666, de 21 de junho de 1993. Regulamenta o Art. 37, Inciso XXI, da Constituição Federal, institui normas para Licitações e Contratos da Administração Pública e dá outras providências)
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.
Coverage Strategic information technology and communications systems
Sources
- https://web.archive.org/web/20240403020602/https://www.planalto.gov.br/ccivil_03/_ato2019-2022/2021/lei/l14133.htm
- https://web.archive.org/web/20240325204624/http://www.planalto.gov.br/ccivil_03/leis/l8666cons.htm
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S432R1.pdf&Open=True
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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 June 1993, last amended in April 2021, until December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 8,666, dated 21 June 1993 – Regulates Art. 37, Inc. XXI, of the Federal Constitution, establishes rules for public procurement and contracts in the public administration, and makes other provisions (Lei No. 8.666, de 21 de junho de 1993. Regulamenta o Art. 37, Inciso XXI, da Constituição Federal, institui normas para Licitações e Contratos da Administração Pública e dá outras providências)
Art. 3 of Law 8,666 establishes that:
- under equal conditions, as a tie-breaking criterion, preference is given, successively, to goods and services produced in the country, produced or provided by Brazilian companies, produced or provided by companies that invest in research and technology development in the country;
- in the bidding processes, a margin of preference may be established for manufactured products and for national services that meet Brazilian technical standards, technological development and innovation carried out in the country. For manufactured products and national services resulting from technological development and innovation carried out in the country, an additional margin of preference may be established for that provided. These margins may be applied to goods and services from the Southern Common Market (MERCOSUR). The Federal Executive Power establishes the margins, and their sum cannot exceed the amount of 25% of the price of foreign-manufactured products and services.
- under equal conditions, as a tie-breaking criterion, preference is given, successively, to goods and services produced in the country, produced or provided by Brazilian companies, produced or provided by companies that invest in research and technology development in the country;
- in the bidding processes, a margin of preference may be established for manufactured products and for national services that meet Brazilian technical standards, technological development and innovation carried out in the country. For manufactured products and national services resulting from technological development and innovation carried out in the country, an additional margin of preference may be established for that provided. These margins may be applied to goods and services from the Southern Common Market (MERCOSUR). The Federal Executive Power establishes the margins, and their sum cannot exceed the amount of 25% of the price of foreign-manufactured products and services.
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
BOTSWANA
Since January 2019
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Electronic Payments Services Regulations, 2019
According to Section 29 of the Electronic Payments Services Regulations, licensees for electronic payment systems must adhere to transaction limits set in Schedule 3 of the regulations. Operating limits for account-based payment systems (e-money account, execution of card payment, credit transfers and direct debits) have a monthly aggregate transaction limit within the range of BWP 20,000 (approx. USD 1,750) to BWP 30,000 (approx. USD 2,600) for individual customers and BWP 50,000 (approx. USD 4,350) for SMEs, while for retail agents the monthly aggregate transaction limit is BWP 1,000,000 (approx. USD 87,000).
Coverage Electronic payment systems
BOTSWANA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Botswana does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220302153451/http://www.burs.org.bw/index.php/treaties-and-legislation/legislation/revenue-laws?download=723:customs-act-duty
- https://www.wto.org/english/tratop_e/tpr_e/s324-00_e.pdf
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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BOTSWANA
Since December 2018
Since May 2014
Since May 2014
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act
Electronic Communications and Transactions Act
Electronic Communications and Transactions Act
The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220302035453/https://www.bocra.org.bw/sites/default/files/documents/05%20Act%2020%EF%80%A204%EF%80%A22018%20CONSUMER%20PROTECTION.pdf
- https://web.archive.org/web/20220307232114/https://www.bocra.org.bw/sites/default/files/Electronic-Communications-and-Transactions-Act-2014.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=bw
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BOTSWANA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Botswana has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BOTSWANA
Since 2014
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Botswana has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
