The Brazilian Patent and Trademark Office (BPTO) published, on July 4, 2023, the regulation on the prosecution of the international design applications designating Brazil, which will be effective in Brazil as of August 1, 2023.

Among the declarations made by the Brazilian Government on its accession to the Hague Agreement (1999 Act) and the rules set forth by the BPTO the following must be pointed out:

1. International applications cannot be filed through the BPTO (Article 4(1)(b) of the 1999 Act).
2. Deferment of publication is not possible (Article 11(1)(b) of the 1999 Ac).
3. The application must refer to one single industrial design, which may consist of up to 20 variations (depicted in an unlimited number of views) (Article 13(1) of the 1999 Act).
4. Indication of the creator (natural person) of the design is mandatory (Rule 8(1)(a)(i) of the Common Regulations).
5. When priority is claimed a copy of the priority document must be submitted to the BPTO within 90 days of the publication if such document is not available at DAS digital library.
6. Change of ownership will be effective in Brazil only if the document evidencing the change is presented at the International Bureau (Article 16(2) of the 1999 Act).
7. The maximum duration of protection is 25 years as of the filing date of the international registration (Article 17(3)(c) of the 1999 Act), subject to the payment of renewal fees every 5-year period.
8. Level two of standard designation fees will apply (Rule 12(1)(c)(i) of the Common Regulations).
9. All acts to be performed before the BPTO must be done by a local representative.

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