Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§156 |
Brazil |
2017 |
Measures |
Conformity assessment procedures |
Agriculture |
Relevant information
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Establishments that produce, import, or export fertilizers, as well as the products themselves, must be registered with Ministry of Agriculture, Livestock and Food Supply (MAPA). The Ministry also maintains a register of pesticides (AGROFIT), which incorporates relevant information from the Ministries of Health and Environment.
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§170 |
Brazil |
2017 |
Measures |
Other measures |
Energy |
Relevant information
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In 2016, Brazil notified the WTO's Council for Trade in Goods that it does not maintain any state trading enterprises (STEs) "that fall within the working definition of such enterprises." According to the authorities, Indústrias Nucleares do Brasil (INB), which holds the exclusive right to import and export nuclear material, does not qualify as an STE because all of its production is sold to a subsidiary of ELETROBRAS.
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§179 |
Brazil |
2017 |
Measures |
Public procurement |
Not specified |
Relevant information
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Brazil's procurement policy remains focused on obtaining the most advantageous offer, ensuring equality under the law, and promoting national sustainable development. (...)
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§187 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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(...) The body of legislation that has not been notified to the TRIPS Council includes the laws on: (...) access to and benefit sharing of genetic resources and associated traditional knowledge; (...)
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-Table-III.22 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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Table 3.22 National IPR legislation, 2017
Subject/Law Coverage Duration Exclusions and limitations Remarks
Patents
Industrial Property Law No. 9,279 (14 May 1996), amended by Law No. 10,196 (14 February 2001)
Law No. 13,123 (20 May 2015) Any invention that is new and involves an inventive step and is capable of industrial application. 20 years from date of filing. At least 10 years of effective patent protection is granted if more than 10 years have passed between the application's filing and the granting of the patent.
Substances, materials, mixtures or products of any kind, and processes for their modification, when resulting from the transformation of the atomic nucleus; biological processes and natural living material; surgical techniques and methods; computer programmes per se. Compulsory licences may be granted in cases of anti-competitive behaviour, national emergency or in public interest. Law No. 10,196/2001: prior approval from ANVISA for granting patents for pharmaceutical products and processes.
Decree No. 4,830/2003 regulates the granting of compulsory licences.
Law No. 13,123/2015 regulates access to and benefits sharing of genetic resources and associated traditional knowledge.
(...)
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§190 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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(...) During the period under review, Brazil has taken steps to streamline the submission and examination of applications for various forms of industrial property protection, including patents and trademarks. Procedural innovations included: the implementation of a system for simplified electronic filing and WIPO's Industrial Property Automation System (trademark applications); fast-track examination initiatives (e.g. for "Green Patents", and applications by micro-enterprises and the disabled); publication of examination guidelines (patents and trademarks); and a productivity incentive programme for examiners.
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-III§201 |
Brazil |
2017 |
Measures |
Intellectual property measures |
Not specified |
Relevant information
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During the period under review, Brazil introduced penalty provisions for infractions in the collective management of copyright and related rights, and in the benefit sharing of genetic resources and associated traditional knowledge. (...)
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-IV§4 |
Brazil |
2017 |
Sectors |
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Energy |
Relevant information
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Brazil, a net exporter of crude oil with one of the greenest energy matrixes in the world, remains nearly self-sufficient in primary energy production. Its Ten-Year Plan for Energy Expansion 2024, inter alia, aims at raising the share of renewable sources in the energy matrixes. (...) Biofuel production, an activity subject to cross-subsidization elements, continued to be assisted, inter alia, through: support to sugarcane production and fuel-flex cars; lending incentives to expand the industrial capacity for sugar and ethanol production; and, increased mandatory blending ratios for both gasoline and diesel. The state-owned ELETROBRAS continues to play a major role in the electricity sector. Since 2015, a tariff flag system allowing the monthly pass through of the extra costs of generating thermal energy to consumers has been applied. Electricity tariffs, set by the regulator ANEEL, continue to ensure cross-subsidization among different consumer categories. In addition, the tax burden on end-user electricity tariffs remains significant and differs greatly across consumer groups.
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Energy
Bio
Renewable
Green
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-IV§7 |
Brazil |
2017 |
Sectors |
General environmental reference |
Agriculture, Energy |
Relevant information
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(...) Agriculture also remains an important contributor to the country's energy supply (Section 4.2.3.3) as, inter alia, sugar cane biomass provides over one third of the country's renewable energy output.
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Secretariat TPR |
WT/TPR/S/358/REV.1 |
S-IV§12 |
Brazil |
2017 |
Sectors |
General environmental reference |
Agriculture |
Relevant information
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During the review period, Brazil's basic agricultural policy and institutional framework remained unchanged. Its main policy objectives consist of expanding grain storage capacity, soil correction and recovery, and agricultural mechanization by fostering investments in these areas. In addition to its three main components, i.e. market price policy, rural credit, and crop insurance Subsidies (Section 4.2.4), which, inter alia, support commercial agriculture and small-scale family agriculture, other important policy measures, including agricultural land zoning and the promotion of biofuels and organic production, contribute to the shaping of agricultural policy. (...)
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