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Copyright.
According to Berne Convention, the protection of copyrights (or author’s rights) is granted automatically without the need for registration. However in Brazil it is possible to proceed with voluntary registrations which may help your clients to solve disputes that can be raised in the country.
For instance: literary, artistic or scientific works protected by copyright and likely to cause confusion are not registrable as a trademark in Brazil (Art. 124, XVII of Brazilian IP Law). If your client owns a copyright registration of their logo, it is possible to use it as an argument to oppose third party’s trademarks that are filed with a similar logo, but in non-conflict classes (or covering non-conflict goods/services).
Documents required by INPI-Brazil (National Institute of Industrial Property).
Registration of Logos as Copyright
Individual:
- Legalized copy of author’s documents (e.g.: ID and proof of residency);
- 3 copies of the logo/design signed by author;
- Power of Attorney (legalization is required).
Company:
- Author’s Power of Attorney (legalization is required);
- Applicant’s Power of Attorney (legalization is required);
- Deed of Assignment of Rights (legalization is required);
- 3 copies of the logo/design signed by author;
- Legalized copy of author’s documents (e.g.: ID, proof of residency);
- Articles of corporation, Social contract or any document which proves the Company existence and its legal representative (legalization and sworn translation into Portuguese language are required).
Validity and Maintenance fees
In Brazil, a copyright is valid for 70 years from January 1st of the following year of author’s death. In case of multiple authors, such period is counted from the death of the last surviving author.
There are no maintenance/renewal fees.
Offices
Copyrights applications are not filed before Brazilian PTO, but before other Offices, as such: Fundação Biblioteca Nacional [National Library] and Escola de Belas Artes [School of Fine Arts] in Rio de Janeiro/RJ.
Timeframe for Analysis
On average, it takes approximately 30 days for each copyright application to mature into registration.
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