China Desk
With 38 years of history, we are a firm specialized in Intellectual Property, covering practices in trademarks and patents, including administrative and judicial procedures, compliance, data protection (LGPD), regulatory matters, and consultancy in Institutional and Government Relations.
Aligning modernity, technology, transformation, and continuous innovation, we ensure the protection of national and international clients with services of excellence and globally recognized quality — principles that have guided us since the beginning.
We are always ready to act in a personalized way, offering the best experience and strategically driving businesses based on our motto:
We protect innovation. We innovate to protect!
China desk
Our solutions
Strengthening Judicial Protection of IP: In 2023, Chinese courts received over 540,000 new IP cases, reflecting a significant increase in enforcement efforts. Targeted actions have been taken to combat malicious trademark registrations and infringements related to emerging technologies such as artificial intelligence and data rights.
Development of a Comprehensive IP Protection System: China released a plan to establish a robust IP protection system by 2035, aiming to modernize and reinforce existing mechanisms. The plan emphasizes the need to combat infringements, enhance professional training, and adapt protection rules to emerging sectors, including artificial intelligence and genetic technology.
Customs IP Protection: Chinese customs authorities offer mechanisms to protect IP rights related to imported and exported goods. There are two main forms of protection: proactive, which requires prior registration and enables preventive action, and passive, which does not require registration but depends on specific actions by the rights holder.
Copyright and Adaptation to International Standards: China’s Copyright Law, revised in June 2021, aligns with international treaties such as the Berne Convention. The legislation covers literary, artistic, musical, cinematographic, scientific, and software works, ensuring both moral and economic rights for authors.
Commitment to Foreign Enterprises: China has taken proactive measures to address the concerns of foreign companies regarding IP, ensuring equal protection for both domestic and international innovators. The CNIPA has established regular communication channels and has worked to resolve IP disputes involving companies from various countries.
Brazil as a strategic partner
Intellectual Property (IP) Protection in Brazil has increasingly attracted China’s interest, especially in light of the growing commercial and technological ties between the two countries. Key topics include:
Bilateral Cooperation in Industrial Property: In August 2024, representatives of Brazil’s National Institute of Industrial Property (INPI) and China’s National Intellectual Property Administration (CNIPA) met in Rio de Janeiro to discuss cooperation in the IP field. Topics covered included the functioning of Brazil’s trademark system, modalities of prioritized patent examination such as the Patent Prosecution Highway (PPH), and the use of information technologies like artificial intelligence and cybersecurity.
Brazil’s Adoption of the Madrid Protocol: In 2019, Brazil joined the Madrid System, facilitating the international registration of trademarks. This accession simplifies procedures and reduces costs for companies seeking to protect their brands in multiple countries, including China. However, the implementation of a multiclass system—allowing a single application to cover more than one category—is still under development.
Challenges in the Brazil-China Industrial Property Agreement: Although the cooperation agreement between INPI and CNIPA, established in 2018, facilitates prioritized patent examination between the two countries, experts note that it does not resolve INPI’s existing backlog. Furthermore, limitations such as the exclusion of certain technological fields and the cap of 200 applications in the pilot phase have sparked discussions about the need for adjustments to better meet the demands of the business sector.
Importance of Trademark and Patent Registration in China: For Brazilian companies seeking to enter or expand their presence in the Chinese market, it is crucial to register trademarks and patents directly in China. Chinese law grants significant rights to the first party to file a trademark, regardless of prior recognition in other countries. Notable cases, such as Ferrari’s, highlight the importance of proactive protection to avoid lengthy legal disputes.
Economic Contribution of IP-Intensive Industries in Brazil: Studies show that sectors that make intensive use of intellectual property rights represent a significant share of formal employment and Brazil’s GDP. Between 2017 and 2022, these sectors contributed 50.2% of the GDP, totaling BRL 3.76 trillion. This scenario underscores the economic value of IP and the importance of policies that encourage innovation and the protection of intangible assets.
