THE NATIONAL INTELLECTUAL PROPERTY STRATEGY (ENPI) 2021-2030 AND THE REGULATION OF POSITIONAL MARKS

Abstract

Trademarks play an essential and strategic role in corporate competitiveness and business economic performance. However, they require a structured and secure system that fosters a healthy, competitive, and innovative business environment. Through bibliographic and documentary research, focusing on the regulation of position marks and the National Intellectual Property Strategy (ENPI) 2021-2030, a survey of data and information was conducted on the most recent advances and challenges facing the Brazilian trademark system. After analysis, legal and regulatory gaps were identified, along with a lack of transparency, security, and predictability, as the main factors limiting the system's evolution. Conversely, the regulation of position marks and the guidelines proposed by ENPI 2021-2023 showed significant, albeit still incipient, progress. The results indicate the need for continued modernization and strengthening of legal certainty as pathways for Brazil to advance toward a more effective, innovative, and internationally aligned trademark system. We hope that future research will continue to monitor the actions implemented, making the debate increasingly recurrent and in-depth. We consider it premature to definitively assess, at this time, whether the Brazilian trademark system is effectively moving toward a more evolved system or whether we are simply reacting to market demands, adapting minimally to what is essential.