In response to the imposition of tariffs by other countries, such as the United States, the Brazilian National Congress approved, in April 2025, the Economic Reciprocity Law (Law No. 15,122/25). Decree No. 12,551/2025, published this Monday, regulates the law and establishes the criteria and practical procedures for its implementation. The goal is to enable Brazil to adopt rapid and structured countermeasures against unilateral practices that interfere with Brazilian sovereignty, violate trade agreements, or cause environmental harm.

Article 3 of the Economic Reciprocity Law provides for the following countermeasures: (i) imposition of new import rules targeting the country in question; (ii) suspension of the exercise of intellectual property (“IP”) rights by nationals of the target country; and (iii) suspension of obligations assumed by Brazil under trade agreements with the target country.

Article 3, §1, item II of the Economic Reciprocity Law expressly refers to Article 6 of Law No. 12,270/10, which further details the possible forms of suspension of intellectual property rights. Said provision establishes the ways in which such measures may be applied, individually or cumulatively. The main measures include:

• Temporary blocking of royalty remittances, in order to prevent outbound payments related to IP rights;
• Reduction of the IP right’s protection term, at the discretion of the Executive Branch;
• Non-commercial public use or licensing of the IP right, allowing use without the owner’s authorization, with or without remuneration; and
• Suspension of the exclusive right to prevent importation and commercialization in Brazil.

The countermeasures may be (i) provisional – swift and direct, decided by the newly established Interministerial Committee on Trade Negotiations and Economic Countermeasures (part of the Executive Branch, or (ii) ordinary, under the competence of CAMEX (Chamber of Foreign Trade, also part of the Executive Branch), with private sector participation and public consultation.

The Intellectual Property team at Salusse, Marangoni, Parente e Jabur Advogados is available to assist and provide further clarification. Please contact us at contenciosopi@smabr.com or by phone at +55 11 3146-2400.