THE EVOLUTION OF INDUSTRIAL PROPERTY LAW IN BRAZIL

Abstract

This thesis examines the evolution of Brazil’s Industrial Property Law (Law No. 9,279/1996) and its effects on intangible asset protection, legal certainty, and the public interest. It adopts a qualitative approach, combining documentary analysis of statutes and regulations (Laws No. 10,196/2001, 14,195/2021, and 14,200/2021; INPI Ordinances 26/27-2023), case law research (Brazilian Supreme Court/ADI 5529; STJ/REsp 1,543,826/RJ), and doctrinal review. The study reconstructs the regulatory trajectory since 1996, covering prior consent by the health regulator (Anvisa) for pharmaceutical patents, the Supreme Court’s ruling striking down the sole paragraph of Article 40, and the expansion of compulsory licensing in public emergencies. Findings suggest that recent changes reduced uncertainty regarding patent terms, strengthened access to essential technologies, and modernized the technology transfer environment, bringing Brazil closer to standards of predictability and social function. The conclusion is that the statute is in constant adaptation, pressured by technological challenges (including artificial intelligence) and public-health demands, which call for ongoing legislative and administrative improvements to balance innovation incentives with collective interests (BARBOSA, 2010; BASSO, 2018; BRASIL, 1996; WIPO, 2022).