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Brazil Has Legal Basis to Respond to External Barriers with Suspension of Intellectual Property Obligations, in Addition to Tariffs, in Response to the 50% Tariff from the U.S.
Law No. 15,122, of April 11, 2025, created an unprecedented instrument to respond to unilateral measures from other countries. The text authorizes Brazil to suspend trade concessions, restrict investments, and suspend obligations related to intellectual property rights as a proportional reaction. According to the Planalto, the goal is to safeguard the country’s international competitiveness against barriers imposed abroad.
The law was regulated by Decree No. 12,551, of July 15, 2025, which details the decision-making process within the Executive and creates instances to propose and deliberate countermeasures. The regulation also sets technical stages before any measure, with scope for sectoral analysis and participation from competent bodies.
The activation of the framework occurred after the announcement of 50% tariffs by the United States on a basket of Brazilian products. The government announced the opening of the process and forwarded the matter to Camex. According to Reuters, President Luiz Inácio Lula da Silva stated that he is not in a hurry to retaliate and would prefer to negotiate, even though legal measures are underway.
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In addition to imposing tariffs, Brazil can now address intangible assets. In an extreme scenario, American companies with patents or relevant software in the Brazilian market would see their legal position temporarily altered by an Executive decision, based on proportionality criteria.
What the Brazilian Law Actually Permits Goes Well Beyond Tariffs
The legal text authorizes the suspension of trade concessions and investments and the suspension of obligations related to intellectual property rights when a country imposes measures that negatively affect Brazil’s competitiveness. In simple terms, the government gained tools to respond in kind, including in the realm of trademarks, patents, copyrights, and related areas.
The regulatory decree defines the internal process. There are provisions for technical instances to propose measures, assess impacts, and collegial decision-making before any action. Official publications inform about the creation of a committee to deliberate on countermeasures and the design of the decision-making flow. This is not an automatic authorization, but an administrative process with boundaries and justifications.
In parallel, Camex was instructed to begin evaluating the case within 30 days, a timeline cited by media outlets tracking the proceedings and confirmed by official communications during the opening of the process. This window serves to identify targets, measure risks, and suggest the best combination of instruments.
Camex Schedule: 30 Days for Compliance and Next Steps
According to reports and official communications, Camex has up to 30 days to produce a technical report indicating whether the case meets the requirements of the law and what instruments would be applicable. This period includes consultations with sectoral bodies and the development of scenarios for potential implementation. Thirty days for the first report is the milestone that the productive sector is monitoring.
If the conclusion is positive, Camex may propose the creation of a working group to design specific countermeasures. There are provisions for additional stages with collegial deliberation before the final decision of the Executive, adhering to criteria of proportionality and transparency.
The political backdrop remains relevant. Reports highlight that the Planalto officially notified Washington about the opening of the process while signaling to the market that it prefers a negotiated solution. For companies, the message is to monitor sectoral lists and evaluate regulatory exposure in the short term.
Suspension of Patents and Copyrights, Impacts on Pharma and Technology
In pharmaceuticals, the most discussed hypothesis is measures that affect the exclusivity of patented products, should it be concluded that the proportional reaction should apply to intellectual property. It is important not to confuse this with the compulsory license provided for in the Industrial Property Law, a mechanism already in place for emergencies or public interest situations. The novelty here is the basis of commercial reciprocity, triggered by unilateral foreign measures.
Brazil has classic IP instruments, such as the compulsory license of art. 71 of the IPL, which can be activated for reasons of public interest. This institute remains in effect and is distinct from the new law. In any scenario, the compulsory license is temporary and indemnified, and does not constitute expropriation. Compulsory license is not patent confiscation.
In technology and software, it is worth noting that computer programs are protected as copyrights in Brazil by Law No. 9,609. When discussing “intellectual property obligations,” the Reciprocity Law also encompasses this legal regime. In practice, measures could affect licenses, conditions of use, and compliance with exclusivities, always under criteria of proportionality and temporariness.
Experts consulted by the press and law firms indicate that any suspension of obligations in IP will require fine legal design to ensure legal security and minimize side effects on innovation. Therefore, the government signals an initial preference for negotiation, keeping the tools ready only if dialogue fails.
Who May Be Affected First and What Companies Should Do
Sectors with high intensity of intangible assets, such as pharma and software, are likely to be closely monitored in any potential package of countermeasures, as their legal protection is at the center of reciprocity. The probable focus would be on proportional and surgical measures, designed to minimize damage to the domestic economy.
For exposed companies, the immediate agenda includes three movements. First, regulatory compliance and mapping of contracts that depend on IP exclusivities in Brazil. Second, assessment of contingency plans for supply chains and critical licenses. Third, monitoring Camex consultations and deliberations and the litigation at the WTO, as deadlines and scope can evolve rapidly.
Finally, it is essential to distinguish the tools. Compulsory licenses remain governed by the IPL and can be activated for public interest, with compensation to the titleholder. Meanwhile, the Reciprocity Law adds the possibility of suspending IP obligations based on criteria of commercial proportionality, in response to external barriers. They are different legal bases that can, in theory, operate complementarily depending on the case.
Enquanto alguns ganham votos, nós vamos pagar as contas. Podem esperar.
Tive uma idéia genial, podemos criar uma lei aonde todo mundo vai poder voar quando pular de um prédio. Só por que está na lei vamos conseguir desafiar a lei da gravidade.
Este governo está acabando com o nosso país. Fora PT.