Brazil Approves New Trade Reciprocity Law That May Impact Foreign Trademarks and Patents

Law No. 15,122, of April 11, 2025, authorizes Brazil to adopt retaliatory measures against countries that: (i) unilaterally apply or threaten to apply trade, financial, or investment measures; (ii) disregard the benefits Brazil is entitled to under international trade agreements; or (iii) unilaterally impose environmental barriers that are more burdensome than the environmental standards adopted by Brazil.

Retaliatory measures may include: (i) restrictions on the import of goods or services; (ii) suspension of trade and investment concessions; (iii) suspension of intellectual property rights of foreign companies; and (iv) suspension of obligations assumed by Brazil in trade agreements.

However, the suspension of intellectual property rights will only be applied in exceptional circumstances, when the other countermeasures provided for in the law are deemed inadequate to reverse actions, policies, or practices hostile to Brazil (Section 5, sole paragraph).

The new law stems from a political agreement in the National Congress between opposition and government representatives. It is seen as a response to protectionist measures from European countries and tariffs imposed by the United States, though it may be applied to any foreign country or economic bloc.

Although the original draft bill was more aggressive in relation to intellectual property rights, the final version was tempered following the intervention of organizations such as ABPI – the Brazilian Intellectual Property Association (the Brazilian group of AIPPI). The approved version establishes that any suspension of intellectual property rights will be considered only as a subsidiary measure, and must follow the procedure established in Law No. 12,270/2010, which regulates the suspension of rights under the TRIPs Agreement of the World Trade Organization.

We remain at your disposal should you wish to obtain further information regarding the new Brazilian trade reciprocity law and its potential effects on foreign trademarks and patents.