In view of U.S. President Donald Trump's recent announcement of a 50% tariff on Brazilian goods, and the ensuing threat by the Brazilian Government to suspend U.S. intellectual property rights in response, a new regulation concerning the Brazilian Reciprocity Law was published on July 15, 2025. in our view, this regulation mitigates the risk of an immediate suspension of patents and other intellectual property rights within Brazil.
Law No. 15,122/2025, enacted in April 2025, establishes criteria for the suspension of trade concessions, investment benefits, and obligations related to intellectual property rights as a form of response to unilateral measures adopted by foreign countries or economic blocs that negatively impact Brazil’s international competitiveness. Such law authorizes Brazil to adopt proportional responses, including the suspension of IP-related obligations, in accordance with the flexibilities provided under international agreements.
This legal framework has now been regulated by Decree No. 12,551/2025, published on July 15, 2025. The decree provides for the establishment of an Interministerial Committee on Reciprocity Measures, responsible for evaluating and proposing responses under the law. It also defines two procedural pathways: (i) an extraordinary process for urgent and exceptional cases; and (ii) the ordinary process, which applies to the majority of situations, including any proposed suspension of intellectual property rights.
In accordance with Article 3 of Law No. 15,122/2025, intellectual property rights of third parties may indeed be suspended but only in exceptional circumstances and when other countermeasures were inadequate to cease the discriminatory practices.
According to the provisions of both the Law and the Decree, any suspension of IP rights will probably follow the ordinary process, i.e. any proposal for the suspension of IP-related obligations will probably undergo prior analysis by the Interministerial Committee, followed by public justification, possible public consultation, and coordination with the Ministry of Foreign Affairs for diplomatic negotiations. The final decision must be formalized by means of a specific and justified act issued by the competent authority.
These developments apparently demonstrate Brazil’s commitment to adopting measured and transparent responses to discriminatory trade, in full compliance with the procedures and safeguards established by Law No. 15,122/2025, Decree No. 12,551/2025 and international agreements.
Importantly, the new decree does not establish or signal any immediate suspension of patent or other IP rights. On the contrary, the probable adoption of the ordinary process and the multilayered procedural safeguards indicate that any potential action will be carefully evaluated, subject to public and diplomatic scrutiny, and decided only through express and reasoned governmental acts.
Should you have any questions about how this new regulatory framework may affect your IP rights in Brazil, our team will be pleased to assist you.
