Among the irregularities identified, the ANPD highlighted the processing of children’s and adolescents’ personal data without an appropriate legal basis and the insufficiency of the mechanisms adopted to prevent such processing, both in connection with access to the platform without registration and with the creation of accounts.

More than the amount of the fine itself, the decision draws attention to the importance attributed to the effectiveness of compliance measures. The ANPD assessed not only the existence of mechanisms intended to protect children and adolescents, but also their practical effectiveness in preventing unlawful processing.

In this regard, the decision reinforces that the mere existence of policies, procedures and controls is not, in itself, sufficient to ensure compliance. Organizations must be able to demonstrate that the measures adopted are appropriate to the risks identified and are effective in practice.

This is particularly relevant in light of the recent entry into force of Law No. 15,211/2025, known as the “Digital Statute for Children and Adolescents” (“ECA Digital”), which established new obligations relating to the protection of children and adolescents in the digital environment.

In this context, age assurance mechanisms, parental controls, privacy settings, advertising and content personalization require even greater attention, particularly from providers of digital products and services, such as social media platforms, online games, applications and e-commerce websites.

The adoption and ongoing monitoring of these measures should therefore form part of product and service governance, particularly when they are directed to or likely to be accessed by children and adolescents.

For further information or clarification, Salusse, Marangoni, Parente e Jabur Advogados’ Privacy and Data Protection team is available at privacidade@smabr.com or at +55 (11) 3146-2400.

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We also celebrate the recognition of our partner Wilson Pinheiro Jabur as a Notable Practitioner.

We thank our clients and partners for their trust and congratulate our entire team on this achievement.

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As part of the conference program, Caio delivered a presentation on the impact of U.S. tariffs on international contracts, examining the legal and commercial implications of this issue for both Brazilian and foreign companies.

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The rankings also highlighted the work of our partner Wilson Pinheiro Jabur and attorneys Fabio Zanetti Azeredo, Beatriz Fernandes Caldin, and Caio de Faro Nunes.

This recognition reflects the technical excellence and commitment of our team in providing strategic counsel and protecting copyrights, trademarks, patents, and other intangible assets.

We congratulate our team and thank our clients, partners, and colleagues for their trust and for contributing to yet another important achievement.

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Currently, trademark applications have taken approximately 14 to 20 months to be decided by the BPTO. This timeframe is detrimental to applicants’ interests, as only upon the grant of the registration by the BPTO do applicants obtain ownership of the trademark and are able to fully exercise their rights over it.

In order to reduce this timeframe, the BPTO has been adopting several measures, such as, since 2022, the implementation of expedite examination in specific situations, related to the applicant’s condition (such as individuals over 60 years old, or those suffering from a serious illness or disability, or legal entities classified as “Inova Simples”) or to disputes involving the trademark (such as cases involving claims of prior use or ongoing litigation).

Expedite examination has proven to be an effective measure to significantly reduce the processing time of a trademark application. On average, the BPTO currently takes around 34 days to decide on a request for expedite examination.

According to Ordinance No. 66/2026, the BPTO has expanded the grounds for requesting expedite examination, including, among others, the following:

• Claim of prior use rights, raised by the applicant or by an interested third party in opposition proceedings;
• Trademark subject to lawsuit proceedings;
• Grant of the trademark registration as a condition for operating on a virtual platform;
• Grant of the trademark registration as a condition for obtaining public funding;
• Grant of the trademark registration as a condition for obtaining a permit, authorization or concession from public authorities;
• Trademark related to a product or service that is the subject of a patent application under expedite examination before the BPTO;
• Applicant classified as a start-up, as defined by law;
• Trademark subject to international certification via Madrid Protocol.

According to Ordinance No. 67/2026, a total of 3,000 (three thousand) expedite examination requests will be made available throughout 2026, limited to 1,500 (one thousand five hundred) per four-month period (from May 1 to August 31, 2026, and from September 1 to December 31, 2026), and to 10 requests per applicant.

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I- Normative Ordinance INPI/PR/DIRPA No. 01, dated March 4, 2026, which governs the procedures for withdrawal and abandonment of patent applications, renunciation of patents, and withdrawal of petitions before the BPTO; and

II- Normative Ordinance INPI/PR/DIRPA No. 02, dated March 6, 2026, which establishes guidelines regarding the processing and technical examination of patent applications before the BPTO.

Below we highlight the main aspects of the new regulations.

1-) Normative Ordinance INPI/PR/DIRPA No. 01/2026

Under the new regulation, a national patent application may be withdrawn by the applicant within 16 months from the filing date or the earliest priority date. After this period, the applicant may abandon the application at any time during its prosecution. This distinction is relevant: withdrawal aims to terminate the administrative instance without disclosure of the technical content of the application, whereas abandonment occurs at a later stage, when such confidentiality can no longer be preserved.

The Ordinance also provides that renunciation may be requested at any time during the term of the patent. Once approved, the patent will be deemed extinct on the date the renunciation request is filed, and the subject matter will fall into the public domain.

Other petitions filed in the course of the administrative proceedings may also be withdrawn at the request of the party who filed it, provided that the request is filed before the publication corresponding to the service requested.

It is important to note that the new regulation expressly prohibits withdrawal of the request for examination. This point is particularly relevant because, according to BPTO’s current practice, once examination has been requested, the applicant is no longer allowed to introduce voluntary amendments to the claims of the patent application.

2 -) Normative Ordinance INPI/PR/DIRPA No. 02/2026

The second Ordinance aims to standardize and enhance the transparency of internal examination procedures, governing the analysis of the main elements that compose a patent application, as well as the technical acts performed by the BPTO examiners during examination.

In summary, the new regulation consolidates guidelines regarding the conduct of the technical examination and the structuring of the examiner’s technical report, providing examples of how it should be organized, whether with respect to the assessment of the patentability requirements (novelty, inventive step and industrial application) or with respect to the citation of prior art references that may affect patentability.

The standardization of these acts is intended to increase the clarity of the BPTO’s decisions and facilitate the understanding of examiners’ communications by applicants and other interested parties, thereby contributing to greater legal certainty and predictability in the system.

The Intellectual Property team of Salusse, Marangoni, Parente e Jabur Advogados continuously monitors the BPTO’s regulatory updates and remains available to clarify any questions regarding the impacts of these new regulations on patent filing strategies and portfolio management in Brazil, through the e-mail pi@smabr.com or by phone +55 (11) 3146-2400.

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The main objectives of the BPTO for this year are the enhancement of its operational capacity and the modernization of procedures, with a view to reducing the decision-making time in Trademark and Industrial Design proceedings, including the following initiatives:

Industrial Designs (ID):

⇒A tool for image search based on artificial intelligence is under development, which will allow more accurate and faster searches. The expectation is that, in the future, substantive examination will be implemented for all ID applications, which would depend on an amendment to the Brazilian Industrial Property Law, which currently provides for examination only upon request (Article 106).

⇒Review of registrability requirements, for example, by relaxing the functionality criterion. Currently, the Brazilian Law prohibits the registration as an industrial design of an object whose shape is determined essentially by technical or functional considerations (Article 100, item II).

With the measures above, the BPTO seeks to harmonize the Brazilian system for the protection of industrial designs with international practices and to encourage the filing of ID applications by Brazilian companies.

Trademarks:

⇒Review of the procedure for the protection of Position Marks, currently considered by the BPTO to be excessively rigid and inadequate, in view of the low number of trademark registrations of this nature (only three). The examination of position marks is currently suspended until the procedure is reviewed and reformulated.

⇒Acceleration in the examination of trademark registration applications, including measures such as:

Ξ Expansion of the BPTO’s staff, scheduled for the second half of 2026, granting the BPTO greater operational capacity.

Ξ Automated actions for process clearance, such as the publication of office actions in trademark applications whose applicant has an inactive or cancelled corporate taxpayer registration, with the aim of reducing the backlog of pending cases.

Ξ Incentives for simplified opposition (a measure currently in force), aiming to reduce the amount of time required from by the BPTO examiners for the analysis of facts and arguments.

With these measures, the BPTO expects to increase the number of trademark applications decided per year (440,000 decisions in 2025 and an estimated 540,000 in 2026) and to reduce the waiting time in the examination queue.

Watch the full presentation at the following link.

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This regulatory milestone acknowledges that the legal frameworks of Brazil and the EU provide an equivalent level of protection to personal data subjects. As a result, it establishes a solid legal basis of trust and legal certainty for international data transfers between these jurisdictions.

Although certain legal formalities will still be required in cases involving the sharing of personal data, many of them will be significantly simplified, including, for example, the elimination of the need for standard contractual clauses pre-defined or approved by the Brazilian Authority, as well as the need to conduct technical audits.

With reduced bureaucracy and lower digital compliance costs, the measure is expected to accelerate business activities and strengthen commercial and technological relations, creating further opportunities for Brazilian companies to operate in the European market and vice versa.

The decision applies to the 27 Member States of the European Union as well as to the countries of the European Economic Area (Iceland, Liechtenstein, and Norway), covering a total of 30 jurisdictions. In practical terms, this represents a significant impact, as Brazil and the EU now form the world’s largest secure data-flow area, reaching approximately 700 million people.

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According to the ranking, our team stands out for their technical precision and proactive risk management, with quick responses and strong commitment to their clients’ interests, recognizing Wilson Pinheiro Jabur as a respected authority in IP litigation and enforcement; Fabio José Zanetti de Azeredo as a reference for his strategic counsel in complex trademark matters; and Beatriz Fernandes Caldin praised for her attention to detail, deep knowledge of trademark laws, and ability to provide effective and personalised solutions.

We thank our clients and partners for their trust, and thank our team for their support. We remain committed to delivering excellence in Intellectual Property matters!

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We are very much looking forward to meeting our IP clients and colleagues from around the world.

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