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As at March 2017, some 459 companies were residing in the ZFM (Manaus Free Trade Zone), and the other FTZs (free-trade zones) had a total of 82 resident companies. Eligibility for establishment in the ZFM is conditional on observing PPB (Basic Productive Process) criteria (Section 3.3.1.1); a number of environmental and social requirements also apply. (...)

The National Council of Metrology, Standardization and Industrial Quality (CONMETRO) continues to oversee the National System of Metrology, Standardization and Industrial Quality (SINMETRO), which regroups public and private entities active in metrology, standardization, quality management, and certification at the federal and sub-federal levels. The National Institute of Metrology, Quality and Technology (INMETRO) continues serving as: CONMETRO's Executive Secretariat; the coordinator of the Brazilian Network of Legal Metrology and Quality (RBMLQ-I); the regulatory and supervising authority for legal metrology and compulsory conformity assessment in the areas of security, environmental and health protection, and prevention of deceptive trade practices ; and the national enquiry point and notification authority under the TBT Agreement.

The National Technical Commission on Biosafety (CTNBio), a multidisciplinary advisory body to the Federal Government, remains Brazil's authority for all activities involving genetically modified organisms (GMOs). Besides assisting in GMO policy formulation and elaborating relevant technical advice, CTNBio acts as the national certifying body for quality systems in biosafety and is the sole issuer of research authorizations and of commercial approvals for GMOs. Entities wishing to engage in any activity involving GMOs must obtain a certificate of quality in biosafety and a prior authorization from CTNBio.

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.

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.

Brazil's procurement policy remains focused on obtaining the most advantageous offer, ensuring equality under the law, and promoting national sustainable development. (...)

(...) 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; (...)

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.
(...)

(...) 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.

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. (...)