As of August 1, 2023, the Hague Agreement for the international protection of industrial designs will enter into force in Brazil. The convenience of filing a single application to protect designs in multiple countries is a major advantage of the Agreement.

Brazil joined the Hague System, expanding the geographic scope of WIPO’s international design system to 96 countries. The accession of the country with the largest economy in Latin America strengthens the status of the Hague System as a truly global option for guaranteeing design protection.

The benefit for designers or entrepreneurs in Brazil Will be the possibility to protect your designs in any of the 96 countries covered by the Hague System, with just one international application.

Non-residents will be able to secure international design protection in Brazil through the WIPO System in The Hague, facilitating the expansion of their business in Latin America.

With regard to the Brazilian designation, the local examiners will carry out an examination within 6 months from the date of filing and, if the international application does not meet the Brazilian requirements, an office action will be issued and the response must be submitted directly to the Brazilian PTO. Foreign applicants are urged to designate a local agent to file said response.

Novelty and originality will not be evaluated by the examiners at this stage. Third parties and the INPI may oppose the registration of the project within a period of 5 years from the concession and such nullity procedure will be handled directly with the INPI.

If you need any assistance regarding industrial design protection in Brazil, please do not hesitate to contact us.