Industrial design in Brazil

Industrial design in Brazil is protected through its own registration and not through patent registration (which is how it is in other countries).

It is always good to emphasize this particularity of how industrial design is treated in Brazil. It is up to us lawyers to always explain to any foreigner this differentiation that Brazil makes: INDUSTRIAL DESIGN REGISTRATION.

And why does Brazil understand it this way?

1- Concept of industrial design

According to Article 95 of the Industrial Property Law:

An industrial design is considered to be the ornamental plastic form of an object or the ornamental set of lines and colors that can be applied to a product, providing a new and original visual result in its external configuration and that can serve as a type of industrial manufacture. (translation by me)

2- Industrial design registration

Industrial design registration protects a three-dimensional object or a two-dimensional pattern that can be applied to a surface or a two-dimensional object that can be applied to a surface or an object.

It’s worth remembering that in Brazil industrial design registration is done through its system, separate from the patent system. In many countries, industrial design registration is done together with the patent system.

3- Requirements for industrial design registration

For an object to be registered, the LPI requires that it be new and in a new state of the art.

In Brazil, the law allows the object to be presented within 180 days, according to article 12, I, and II of the LPI, at universities, fairs and events.

Pay attention to this permission that Brazil makes: other countries do not accept under any circumstances that the design to be registered will be shown beforehand.

So my good suggestion is DO NOT PUBLISH YOUR INDUSTRIAL DESIGN IN BRAZIL BEFORE YOU HAVE REGISTERED IT!

This is because when we create an industrial design, we can imagine that it will travel around Brazil and abroad.

Everything will certainly depend on the design and what it represents. Of course, if you don’t know tomorrow, it’s better

not to show it like the laws of other countries.

4- Non-registrable industrial designs

According to art. 100 of the LPI:

       The following are not registrable as industrial designs:

    I - what is contrary to morals and good customs or offends the honor or image of persons, or violates freedom of conscience, belief, religious worship or ideas and feelings worthy of respect and veneration; (translated by me)

    II - the necessary common or vulgar form of the object or that determined essentially by technical or functional considerations. (translated by me)

5- Principle of territoriality

This means that whenever you export this design, you must first register it in the country to which you are exporting.