 WORLD TRADE
ORGANIZATIONIP/N/1/BRA/2
4 October 2000
(00-4042)
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English
NOTIFICATION OF LAWS AND REGULATIONS
UNDER ARTICLE 63.2 OF THE AGREEMENT
BRAZIL
By means of a communication from its Permanent Mission dated 26 January 2000, the
following notification has been received from Brazil under Article 63.2 of the Agreement.
_______________
Pursuant to Article 63.2 of the Agreement on Trade-Related Aspects of Intellectual Property
Rights and the procedures set forth by the TRIPS Council, Brazil is pleased to notify the Council for
Trade-Related Aspects of Intellectual Property Rights its legislation on intellectual property rights, as
follows:
- The "main laws and regulations" are submitted in the original language and in an
English translation, and are listed in Annex I.
- "Other laws and regulations" are submitted in the original language and are listed in
Annex II.
- Answers to the Checklist of Issues on Enforcement.1
                                                     
1 See document IP/N/6/BRA/1.IP/N/1/BRA/2
Page 2
ANNEX I
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS
Copyright and related rights
- Law 9.609, dated 19 February 1998, which regulates the protection of “software”.2
- Law 9.610, dated 19 February 1998 (entered into force on 20 June 1998), which regulates
rights and obligations related to copyright and related rights.3
Trademarks
- Law 9.279, dated 14 May 1996 (entered into force on 15 May 1997), which regulates rights
and obligations regarding industrial property.4
Geographical indications
- Law 9.279, dated 14 May 1996 (entered into force on 15 May 1997), which regulates rights
and obligations regarding industrial property.4
Industrial designs
- Law 9.279, dated 14 May 1996 (entered into force on 15 May 1997), which regulates rights
and obligations regarding industrial property.4
Patents
- Law 9.279, dated 14 May 1996 (entered into force on 15 May 1997), which regulates rights
and obligations regarding industrial property.4
- Presidential Decree 3.201, dated 6 October 1999, which makes provisions on compulsory
license in the event of national emergency or public interest referred to in Article 71 of
Law 9.279 (Industrial Property Law).5
- Provisional Measure 2014-1, dated 30 December 1999, which amends Law 9.279.6
Note:   A Provisional Measure has the force of law although it is passed by the Executive
Branch.  It must be examined and voted in Congress.  Until it is voted, it can be reissued
every 30 days.
Protection of undisclosed information
- Law 9.279, dated 14 May 1996 (entered into force on 15 May 1997), which regulates rights
and obligations regarding industrial property.4
                                                     
2 See document IP/N/1/BRA/C/1.
3 See document IP/N/1/BRA/C/2.
4 See document IP/N/1/BRA/I/1.
5 See document IP/N/1/BRA/P/1.
6 The text will be circulated in document IP/N/1/BRA/P/2, once the English translation is available.IP/N/1/BRA/2
Page 3
Plant variety protection
- Law 9.456, dated 25 April 1997, which establishes the main rules for protection of new plant
varieties.7
- Decree 2.366, dated 5 November 1997, which regulates Law 9.456, establishing the rules
related to the operation of the National Service for the Protection of Plant Varieties.8
                                                     
7 See document IP/N/1/BRA/P/3.
8 See document IP/N/1/BRA/P/4.IP/N/1/BRA/2
Page 4
ANNEX II
OTHER LAWS AND REGULATIONS
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Copyright and related rights
Presidential Decree 2.556,
dated 20 April 1998.Regulates the procedures regarding the voluntary
registration of computer software, established in
Article 3 of Law 9.609.
Presidential Decree 2.894,
dated 22 December 1998.Regulates the conditions for the issuing and the
supplying of a seal or identification sign for
phonograms and audiovisual sign, according to
Article 113 of Law 9.610.
Trademarks
INPI Ordinance (Ato Normativo) 131/97. Establishes procedures for the registration of
trademarks and their processing.
Geographical indications
INPI Ordinance (Ato Normativo) 143/98. Establishes procedures for the registration of
geographical indications.
Industrial Designs
INPI Ordinance (Ato Normativo) 129/97. Establishes procedures for the registration ofindustrial designs.
Patents
Presidential Decree 2.553,
dated 16 April 1998.Establishes provisions regarding patents whose
object is of national defense interest and regulates
the inventions, utility models and industrial
designs developed by employees of direct and
indirect federal, State or municipal public
administration, and by federal, State or municipal
government foundations.IP/N/1/BRA/2
Page 5
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
INPI Ordinance (Ato Normativo) 127/97. Establishes provisions for the granting of patents
and certificates of addition.
Ministerial Ordinance 322,
dated 16 April 1998.Establishes provisions on the economic
exploitation of an intellectual production bypublic servants from the Ministry of Education.
Ministerial Ordinance 88,
dated 16 April 1998.Establishes provisions on the economic
exploitation of an intellectual production bypublic servants from the Ministry of Science and
Technology.
Plant variety protection
Ministerial Ordinance 8,
dated 25 June 1999.Establishes the rules related to the procedures to
keep living samples of protected plant varieties.
Ministerial Ordinance 503,
dated 3 December 1997.Provides the values of all fees in reference to
plant variety protection.
Prevention of the abuse of intellectual
property rights
Law 8.884,
dated 11 June 1994.Provides for the prevention of infringements
against the economic order, including those
related to the exploitation of intellectual property
rights and technology.IP/N/1/BRA/2
Page 6
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Civil judicial procedures and remedies
Civil Code
(Law 3.071, dated 1 January 1916).In the Civil Code there are specific provisions
related to the protection of intellectual property
rights, such as in Article 178, paragraph 10, VII,which regulates the prescriptional term related to
the violation of copyright.  There are also
provisions of a more generic nature, such as those
in Articles 2 to 179 (general provisions related to
civil legislation – subjects, assets and juridicalfacts);  524 to 648 (general provisions related to
property);  1.079 to 1.187 and 1.288 to 1.330
(general provisions related to various contracts –
purchase and sale, exchange, donation, etc.);
1.518 to 1.532 (general provisions concerning
obligations related to illegal acts);  1.572 to 1.805
(general provisions concerning succession).
Civil Procedure Code
(Law 5.869, dated 11 January 1973).In the Civil Procedure Code there are specific
provisions related to the protection of intellectual
property rights, such as in Article 842,paragraph 3, which regulates provisions
concerning the search and seizure proceeding
related to copyright, and general provisions such
as in Articles 1 to 631 (provisions concerning the
"discovery process" and the executionproceeding) and in Articles 839 to 843 (general
provisions concerning the search and seizure
proceeding).
Decree-Law 4.657,
dated 4 September 1942.Provisions related to the application of the Civil
Code.
Law 9.307,
dated 23 September 1996.Provisions concerning arbitration.IP/N/1/BRA/2
Page 7
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Laws 9.279, 9.609 and 9.610,
(already mentioned in the section dedicated to
main laws and regulations).There are some provisions in laws 9.279, 9.609
and 9.610, which are specifically related to civiljudicial procedures and remedies, such as:
a) Law 9.279:  Articles 46 to 49, 56 and 57
which regulate the nullity of patents;  Article 118,
which regulates the nullity of industrial designs;
Articles 165 to 167, 173 to 175, which regulate
the nullity of trademarks;  Article 206, which
contains provisions concerning " in camera
proceedings" related to industrial property rights;
and Articles 207 to 210 which contain general
provisions concerning civil actions related to the
violation of intellectual property rights.
b) Law 9.609:  Article 14, caput ,
paragraphs 1 and 5, which contains provisions
concerning civil actions related to the violation of
software copyright;  and paragraphs 2, 3 and 4,
which contain provisions concerning " in camera
proceedings" and provisional remedies related tosoftware copyright.
c) Law 9.610:  Articles 102, 105, 106 and
109, which contain provisions concerning various
civil procedures related to copyright and related
rights;  and Articles 103, 104, 107, 108 and 110,which contain provisions concerning civil actions
related to the violation of copyright and related
rights.
Provisional judicial measures
Civil Procedure Code, Articles 796 to 812
(Law 5.869, dated 11 January 1973).General provisions concerning provisional
remedies.
Law 1.533,
dated 31 December 1951;Law 4.348,
dated 26 June 1964;Law 6.071,
dated 3 July 1974.Provisions concerning "writ of mandamus ".
Law 8.437,
dated 30 June 1992.Provisions concerning provisional remedies
against acts from the Government.IP/N/1/BRA/2
Page 8
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law 9.494,
dated 10 September 1997.Provisions concerning anticipated protection
against the Public Treasury.
Special requirements related to border
measures
Decree-Law 37,
dated 18 November 1966.Establishes general rules concerning imports of
goods, such as:
- import tax;
- customs control of vehicles and goods;- customs procedures.
Decree-Law 1.455,
dated 7 April 1976.Establishes general rules concerning the
apprehension of foreign goods.
Customs Regulation – Decree 91.030,
dated 5 March 1985.Regulates rules related to import and export of
goods.
Criminal procedures
Criminal Code
(Decree-Law 2.848, dated 7 December 1940).There are general provisions related to the
application of the Criminal Code in Articles 1 to
120 and specific provisions related to violations
regarding copyright and related rights inArticles 184 to 186.
Criminal Procedure Code
(Decree-Law 3.689, dated 3 October 1941).There are generic articles in the Criminal
Procedure Code such as in Articles 1 to 502,which contain provisions concerning the criminal
procedure in general and the common procedure
and in Articles 563 to 750, which contain
provisions related to nullity and review.  As for
the specific provisions, they can be found inArticles 524 to 530 (provisions concerning
procedure and judgement in case of immaterial
property violations).IP/N/1/BRA/2
Page 9
TITLE
DATE OF ADOPTION AND ENTRY
INTO FORCEBRIEF DESCRIPTION
Law 8.635,
dated 16 March 1993An amendment to the Criminal Code, which
establishes penalties for the infringement ofcopyright.
Laws 9.279 and 9.609
(already mentioned in the section dedicated tomain laws and regulations).There are some provisions in Laws 9.279 and
9.609, that concern criminal procedures, such as:
a) Law 9.279:  Articles 183 to 195, which
refer to violations related to industrial property
rights;  and Articles 196 to 206, which containgeneral provisions concerning procedure in case
of industrial property violations.
b) Law 9.609:  Articles 12 and 13, which
contain provisions concerning criminal actions
and violations related to software copyright.
__________