Industrial design registration in Brazil

Brazil is one of the countries with many industrial design applications based on cultural as well as regional advantages. Brazil is a country with abundant natural resources, including wood, stone, metals, and other materials. This creates an opportunity for industrial designers to create unique and sustainable products from local materials. Brazil’s cultural diversity, with its blend of European, African, and indigenous influences, provides an endless source of inspiration for designers. Traditional patterns, colors, and shapes can be incorporated into modern products, creating unique and attractive designs. To facilitate the development of industrial design, the Brazilian government has been implementing policies to support the industrial design industry, including investing in education and training, funding research and development projects, and creating programs that encourage innovation. Therefore, more and more businesses and individuals need to register industrial designs in Brazil, Viet An Law would like to guide the above procedures through the article below.

Legal Basis

• Law No. 9.279 of May 14, 1996 (Law on Industrial Property, amended and supplemented to Law No. 14.200 of September 2, 2021)

Definition of industrial design in Brazil

In Brazil, an industrial design is defined in Article 95 of the Industrial Property Law (Lei da Propriedade Industrial – LPI) as:

“The decorative form of an object or a set of decorative lines and colors can be applied to a product, bringing new and unique visual results in its external configuration and can serve as a type of industrial production.”

Conditions for registering an industrial design in Brazil

• Novelty: The design must be new, i.e. it must not be identical or similar to any design that was published before the filing date. This includes designs that have been disclosed in Brazil or anywhere else in the world. Brazil allows a 180-day grace period for the first disclosure.
• Originality: The design must be original, which means that it must have a unique visual appearance and be different from existing designs. A style is not just a variation of an existing style, but must have a distinct aesthetic.
• Industrial applicability: The design must be capable of being mass-produced and used in industrial applications.

Types of industrial designs that can be registered in Brazil

• Two-dimensional (2D) designs: These designs relate to the decorative pattern of lines and colors applied to a product. This design includes:
  • Patterns: Repetitive motifs or designs used on textiles, wallpaper, or other surfaces.
  • Graphics: Images or designs used on product packaging, labels, or brochures.
  • Textures: Surface treatments that create visual or tactile effects, such as embossed or etched patterns.
• Three-dimensional (3D) designs: These designs relate to the shape of an object, including its lines, mass, and proportions. This design can include:
  • Product Design: The overall shape and appearance of consumer goods, such as furniture, appliances, electronics, or vehicles.
  • Packaging Design: The shape and structure of the container or packaging used for the product.
  • Fashion Design: The shape and style of clothing, shoes, or accessories.

Search for industrial designs in Brazil

National Institute of Industrial Property (INPI) Database

INPI is the official government agency responsible for intellectual property rights in Brazil. Their online database allows users to search for registered industrial designs using various criteria, such as design number, applicant name, or design-related keywords. Customers can access the database here: https://www.gov.br/inpi/pt-br

DesignView

It is a global database of industrial designs, including those registered in Brazil. Customers can access here: https://www.tmdn.org/tmdsview-web/welcome

Industrial Design Registration Dossier in Brazil

• Application Form: The application form includes the following information:
  • Name, address, nationality and contact information of the applicant (and representative, if applicable);
  • Title of industrial design;
  • Specifies the products to which the style will be applied (Product Type).
  • International Classification Code for Industrial Designs (Locarno Classification).
• Representative image of the style:
  • Drawings, photographs, or other graphic images of the design.
  • These images need to clearly represent all angles of the style (front, back, side, top, bottom, perspective, etc.).
  • A maximum of 7 images can be submitted.
• Priority documentation (if applicable): If a priority claim is from a previous application filed in another country, the applicant will need to submit a certified copy of the previous application.
• Power of attorney (if applicable): If the applicant files through a representative (e.g., attorney or intellectual property representative), the applicant will need to provide a power of attorney that allows them to act on behalf of the applicant.
• Other documents, if any:
  • Copyright claim (if the applicant is not the creator of the design).
  • The transfer document (if the rights to the design have been transferred).

Some fees for registering an industrial design in Brazil

Industrial design registration in Brazil under the Hague Agreement

What is the Hague Agreement on the Industrial design registration?

The Hague Agreement on the Industrial design registration (referred to as the Hague Agreement) is an international treaty administered by the World Intellectual Property Organization (WIPO). This agreement provides an international registration system for industrial designs that makes it easy for individual designers and businesses to protect their designs on a global scale.

Benefits of registering industrial design protection through the Hague Agreement

• Simple: Instead of having to file an individual application in each country, the applicant only needs to file a single application in one language (English, French or Spanish) and pay in one currency (Swiss franc) to apply for protection in multiple member states.
• Savings: Significantly reduces costs compared to filing individual applications in each country.
• Centralized Management: Easily manage the applicant’s portfolio of registered industrial designs through a single system.
• Flexibility: The applicant can choose the countries in which you want to protect your industrial design.

Dossier of registration for protection of industrial designs under the Hague Agreement

A dossier for registration of an industrial design under the Hague Agreement includes the following documents:

• International Registration Declaration:
  • The applicant completes the application according to WIPO’s prescribed form in one of three languages: English, French or Spanish.
  • In the application, it is necessary to clearly specify the application for protection under the 1999 Document or the 1960 Document of the Hague Agreement.
  • List the countries in which the applicant wishes to protect his industrial design.
• Images or drawings of the industrial design: the image needs to clearly and fully show the perspectives of the industrial design that the applicant wants to register. The applicant also needs to pay attention to ensuring the quality of good and clear images or drawings.
• Documentation of payment of fees: The applicant notes that the international registration fee should be paid in accordance with WIPO regulations.

Industrial design registration services in Brazil by Viet An Law Firm

• Perform the search and notify the customer in writing of the results of the industrial design search in Brazil;
• Drafting dossiers and directly filing and monitoring the status of industrial design applications filed in Brazil on behalf of the industrial design owner;
• Notifying, advising and handling deficiencies/rejections of competent State agencies (if any) in the process of monitoring industrial design applications in Brazil;
• Assist in monitoring and representing the resolution of objections and feedback to the intellectual property representative carrying out the procedure in Brazil.
• Receive official dispatches, certificates and hand over to customers (if any).

If you wish to file an application for registration of an industrial design in Brazil, please contact Viet An Law – IP Firm for the most effective support.