Introducing IPO’s Latin America and Caribbean (LATAC) team

We're taking an opportunity for a closer look at the work of the Intellectual Property Office (IPO) global intellectual property (IP) network, introducing you to the members of our international team over a series of articles.??

Angelica Garcia serves as the IPO’s IP Attaché based in Latin America and the Caribbean (LATAC), with a special focus on countries including Brazil, Peru, Colombia, and Chile.?

The UK’s trade with LATAC was valued at ￡45.3 billion in the 12 months up to September 2023 (source: DBT). We asked Angelica to tell us more about the region, what might attract UK businesses to trade there and how they can protect their intellectual property (IP).

The main characteristics?

Latin America, particularly Brazil, stands as one of the largest economies globally, boasting a population exceeding 200 million. It possesses a robust healthcare market and vibrant creative industries, experiencing significant growth in sectors like beverages.?

IP rights in the region?

Angelica outlined how the National Institute of Industrial Property (INPI) is the body responsible for operating the patent, 'mini patent’, industrial design and trade mark system in Brazil. Businesses submitting documents to INPI should be sure to submit them in Portuguese or provide a translation within 60 days. ?? ?

Patents ‘first to file’ system?

Brazil operates a ‘first to file’ principle - something that businesses need to be aware of if trading in the region, Angelica advised us. This means that if two people apply for a patent on an identical invention, the first one to file the application will be awarded the patent. It’s important to be aware that INPI currently has a large backlog of patent applications which can lead to significant delays in granting patent. ? ?

Exporters wishing to protect their innovation with a patent in Brazil can either file an application through a representative (e.g. a patent agent) direct to INPI or file an international patent application and select Brazil as a designated country. This can reduce the cost and effort of applying for patents in multiple countries. ?

More information can be found on our international patent protection page.??

Trade marks?

Angelica outlined how the Brazilian trade mark system is similar to the UK’s. You can either apply through a representative (any applicant from outside Brazil must apply through a qualified attorney) direct to the trade mark office, INPI. ??

Alternatively, businesses can make an international trade mark application and select Brazil as a designated country. Angelica advised how this route can be quicker, as it imposes an 18-month deadline to evaluate your request. More information on international trade marks can be found in the international trade mark protection page.?

Designs?

In Brazil, you can protect the appearance, shape or configuration of your product by applying for an industrial design right at INPI. If your application meets the legal requirements (for novelty, originality and is able to be reproduced at scale), it will be registered immediately.?

Automatic copyright?

As in the UK, copyright is an automatic right under Brazilian law. Although protection is automatic, you may want to register your work with the Copyright Office of the National Library in Brazil. Registration?is voluntary but helps to provide evidence of copyright ownership before a court or relevant enforcement authority.??

Challenges in the?IP landscape?

We wondered what challenges there might be for people considering doing business with the area. Angelica told us how navigating the IP landscape in Brazil can present challenges – there are backlogs in technical areas like telecommunications and biotechnology, for example. Varying levels of understanding regarding the value and application of IP laws can also make enforcement complex.?

But change is happening.??

“The UK has a strong working partnership with the Brazilian government”, Angelica explained.?

? “Brazil has made great progress in improving its IP system. We're actively engaged in initiatives to enhance efficiency, combat piracy, and strengthen enforcement alongside Brazilian authorities”?

The Brazil team has, for example, worked with the Brazilian patent office on a major project to help the office reduce its IP rights application backlog to be more efficient.??

When it comes to enforcement, the team has joined forces with the Brazilian authorities, public attorneys in Brazil and enforcement agencies including the City of London Police Intellectual Property Unit. Together they combat piracy through multi-agency, global operations.??

We are working closely with public attorneys in Brazil and we hope that we can continue our partnership with them - both on the protection side of IP and the enforcement side of IP.??

Any advice for UK businesses on protecting IP in Latin America and the Caribbean??

Angelica told us that her top advice for businesses entering the Brazilian market would be to educate themselves beforehand:?

• use resources like country guides (links below)?
• seek legal counsel?
• develop a sound IP strategy tailored to your needs – it's essential for success?

And finally, says Angelica, “don't hesitate to reach out to us for assistance”.??

Hear more from Angelica – watch our video interview with her here [link]:??Angelica Garcia, IP Attaché, South America (youtube.com)

The UK-based team

In the IPO’s International and Business division, the UK-based team supports the work that Angelica does in the region, working closely with her on a range of IP related issues. The team has led the charge in addressing key challenges and shaping the IP landscape in LATAC. ?

We asked the team about their success with combating copyright crime in the area. ?

They told us how, from battling online piracy to streamlining IP registration processes, the results of their effort have been nothing short of extraordinary. ?

“One multi-agency enforcement campaign targeting online copyright infringement - called ‘Operation 404’ - was a collaborative effort involving Brazil, the US, Peru, and other partners. It concluded in the shutdown of over 1,000 infringing websites and 720 illegal music apps. The success of this raised the bar for IP enforcement in the region”. ? ?

This insightful discussion with Angelica Garcia and the team underscores the importance of understanding the intricacies of IP protection in Latin America and the Caribbean, offering valuable guidance for businesses venturing into these dynamic markets.

Stay tuned for more insights from our 'Attaché Season' series.?

?#IPOukOverseas??

Useful links??

The IPO is constantly adding new resources to its Gov UK website. You will find country and regional guides, tools for businesses as well as a masterclass that can help businesses and business advisors gain a better understanding of IP.??

IPO’s GOV.UK international pages??

IPO South America IP country guides ?

IP in Brazil - GOV.UK (www.gov.uk)? IP in Chile - GOV.UK (www.gov.uk)? IP in Colombia - GOV.UK (www.gov.uk)? IP in Peru - GOV.UK (www.gov.uk)?

IPO Free online IP business tools and training?

IP Masterclass – keep an eye out for forthcoming IP classes for businesses and business advisors at Intellectual property training course: IP Masterclass.?