On July 4, 2023, BRPTO published Ordinance INPI/PR No. 25, from which it was established the prosecution of industrial design registrations under the Hague Agreement and, which enters into force on August 1, 2023.

It is worth noting that the said Hague Agreement is intended to facilitate and speed up procedures for registering an industrial design abroad and to reduce the costs involved in such a procedure. That is, through such cost reduction, Brazilian applicants will be able to obtain protection of industrial designs in all signatory countries through a single filed international application.

Furthermore, it is worth mentioning that in such Hague Agreement, each country will make its analysis as to the applications for Industrial Designs based on the treaty, so, for example, in the case of applicants designate Brazil for a filing of application of international industrial design through the BRPTO, such application will be examined using the Brazilian Law 9.279/96.

It is important to mention that when performing acts directly at the BRPTO, the applicant of an international registration domiciled abroad must appoint and maintain a duly qualified attorney domiciled in the country, with powers to represent him judicially and administratively.

Additionally, from 6 months after the designation of Brazil to an international industrial design, the BRPTO will send the International Bureau a notification of refusal or granting of protection.

In case of refusal, the notification will communicate requirements during the exam, suspension of the exam due to legal action or decision to reject the assignment.

Thus, it should be noted that the international registration designating Brazil must be renewed every five years upon payment at the International Bureau, with a maximum duration of protection in Brazil of 25 years from the filing of the international registration. Also, the designation that is not renewed for Brazil will be extinguished at the end of its term, as well as the designations pending examination.

Finally, it is worth mentioning that foreign applicants will now have a single procedure for registering their designs in the Brazilian market, which will reduce transaction costs and should make Brazil more attractive for investments, especially in design and innovation.

Therefore, in view of the above, it is concluded that the agreement will facilitate the registration of an industrial design within the scope of the international market through international protection in several countries that are part of such agreement with only a single filing.

For more information about the aforementioned Hague Agreement, please do not hesitate to contact us.