The Industrial Property Law (Law No. 9.279/1996) governs rights and obligations related to industrial property in Brazil, ensuring protection for trademarks, patents, industrial designs, and geographical indications, among others. These rights aim to guarantee the exclusive use of creations and distinctive signs within Brazilian territory, encouraging innovation, fair competition, and technological and economic development. Registration or granting by the Brazilian Patent and Trademark Office (BPTO) is essential for constituting ownership rights over such assets, granting the holder the prerogative to prevent unauthorized use by third parties.
The protection granted by the law is limited in time and scope: for example, invention patents are valid for 20 years and utility models for 15 years from the filing date, while trademarks are protected for 10 years, renewable indefinitely for equal periods. The law also provides for mechanisms such as nullity actions, forfeiture, and compulsory licensing, which seek to balance exclusive rights with public interest, ensuring access to knowledge, technology, and fair market conditions.
Recently, the Brazilian Congress took steps toward broadening the scope of intellectual property protection by approving, in committee, a bill that recognizes property rights over original sports movements created by athletes. The proposal allows athletes to register and secure exclusive rights over unprecedented technical gestures or sequences recognized by official sports bodies. This initiative seeks to value and protect athletes’ creativity and technical contributions, positioning these movements similarly to inventions or artistic creations under intellectual property law.
If passed into law, this measure could open new avenues for athletes to commercially exploit their originality — for instance, through licensing agreements, endorsements, or exclusive use in competitions. However, it also presents complex legal and ethical challenges regarding enforcement, the definition of originality, and the potential impact on the dynamics of sports training and competition. Could the privatization of sports techniques lead to restrictions that conflict with the principles of fair play and accessibility that underpin sport itself? This remains a topic for thoughtful debate as the proposal advances through Brazil’s legislative process.
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Author: Enzo Toyoda Coppola, Thaís de Kássia R. Almeida Penteado and Cesar Peduti Filho, Peduti Advogados.
Source: Comissão aprova direito de propriedade sobre movimento esportivo inédito desenvolvido pelo atleta + https://www.camara.leg.br/noticias/1170296-comissao-aprova-direito-de-propriedade-sobre-movimento-esportivo-inedito-desenvolvido-pelo-atleta/
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“If you want to learn more about this topic, contact the author or the managing partner, Dr. Cesar Peduti Filho.”
“Se quiser saber mais sobre este tema, contate o autor ou o Dr. Cesar Peduti Filho.”