Lei de Propriedade Industrial (Lei 9,279/1996)
Law No. 9,279 of 1996 (Lei de Propriedade Industrial) governs industrial property rights in Brazil, including patents, trade marks, industrial designs, and geographical indications. The law establishes the requirements for patentability (novelty, inventive activity, and industrial application), the scope of patent protection (20 years from filing), and the rights of patent holders. It also provides for compulsory licensing and research exemptions, particularly for pharmaceutical patents. The law is administered by the National Institute of Industrial Property (INPI).
Legal area: Intellectual property law protects creations of the mind, including patents, trademarks, copyright, and industrial designs.
Year enacted: 1996
Full text: https://www.planalto.gov.br/ccivil_03/leis/Lei/L9279.htm
Key Provisions
- Art. 8: Patentability requirements (novelty, inventive activity, industrial application)
- Art. 40: Patent term (20 years from filing, 15 years for industrial designs)
- Art. 41-43: Exclusions from patentability (discovery, software, methods of treatment)
- Art. 56: Compulsory licensing (licença compulsória)
- Art. 124: Trademark registration and protection
- Art. 130-131: Trademark infringement and remedies
- Art. 196: Geographical indications (indicações geográficas)
- Art. 209-212: Penalties for industrial property infringement
Significance
The Industrial Property Law is the foundation of Brazil’s IP protection framework. The law’s provisions on compulsory licensing have been controversial, particularly in the context of pharmaceutical patents and access to medicines. Brazil’s position in international IP negotiations has been shaped by this law’s balance between IP protection and public health. INPI, the administering agency, has undergone modernization to reduce backlogs in patent and trademark examination.