Brazil

Please contact our LAM-office for more information about our services in Brazil:

React Latin America
O´Higgins 2062, 4th Floor
Ciudad Autónoma de Buenos Aires, Argentina
T +5411 4896 2751
Contact: Ms Estela de Luca
latinamerica@react.org


Brazil, officially the Federative Republic of Brazil, is the largest country in both South America and the Latin American region. It is the world's fifth largest country, both by geographical area and by population. Enforcement and Customs control in general is a complex challenge for the Brazilian authorities due to the size of the country and it vast borders. In addition, there are insufficient human, material and financial resources. In view of these difficulties faced by the Brazilian Customs department, trademark owners, companies and attorneys have an important role in supporting customs activities. Only through close and frequent interaction, it is possible to try to ensure a favourable conclusion of the process on its administrative level and avoid judicial measures. Most of the counterfeit products still circulating in Brazil come from abroad or via the Paraguay border, which means the authorities should strengthen their activities regarding importation and establish cooperative measures with other countries to jointly curb piracy and counterfeiting. It is worth mentioning that for certain industries, the products are manufactured in Brazil.

Our services in Brazil

  • Amicable settlements and/or negotiation settlement following Customs actions
  • Appearing in court hearings in criminal proceedings as witnesses or experts
  • Desk research
  • Drafting and filing of administrative complaints
  • Drafting and filing of criminal complaints
  • Drafting and filing of expert reports, affidavits and written witness statements
  • Filing Customs applications
  • Filing surveillance letter
  • Follow up Customs/Police cases (C&D letters, negotiations, settlement drafting)
  • Handling court proceedings (appeals and civil claims)
  • Informing Customs officers on brand details
  • Organize and assist the police and relevant authorities in market raids
  • Organize inspections and investigations of markets, shops and events
  • Organize test purchases
  • Organizing the transportation, storage, destruction and, wherever possible, the recycling of counterfeit products
  • Organizing training sessions and information meetings for Police, Customs and/or Trade Inspection authorities
  • Preparing and submitting civil actions (including C&D letters)
  • Simplified procedure

Country Procedures

  • Customs application available
  • Surveillance letters are also recommended in the main ports (i.e. Santos, Vitórica, Paranaguá, Rio Grande, Rio de Janeiro, Itaguai, Itajai, Sao Luis, Sao Francisco do Sul, Suape, Recife, Foz do Iguazu (triple border at Brazil/Paraguay/Argentina)
  • Customs application is valid until the registered trademark remains valid
  • Simplified procedure, depending on the location, yes
  • Customs will act ex officio if public interest is involved
  • Deadline for response to Customs notification of detention is 10 days (extendable for a further 10 working days)
  • Deadline for importer to respond to seizure is 10 days (extendable for a further 10 working days)
  • Local authorities tasked with taking criminal action against infringers are the Police, Prosecutor and Judge
  • Remedies available under law: fine, confiscation, imprisonment etc.
  • Proof of knowledge of counterfeiting is required
  • Interim injunctions, contributory liability remedy, damages and costs are all available