Software Protection in Brazil

As in Europe and other Latin American countries, software is protected as a literary work under copyright law. Given that Brazil and the EU countries are part of the Berne Convention, EU SMEs automatically benefit from copyright protection in Brazil upon creation of their software. Apart from the general copyright law, Brazil also has a specific software law. This law regulates the protection of authors’ rights in this particular field, the process for registering software, rules regarding its commercialisation, as well as criminal penalties for copyright violation of software in Brazil. The rights granted by software law to software proprietors also apply to foreigners domiciled abroad, as long as the country of origin of the software grants equivalent rights to Brazilians and foreign citizens domiciled in Brazil.

As for every work protected by copyright, registration for software is not a prerequisite of protection, in contrast with trade marks or patents, for example. However, it is highly advisable to register your software before the Brazilian Patent and Trade Mark Office (INPI), since it provides proof of authorship and date of creation, which will help you in the event of future infringements.