This Monday, Law #15,122, of April 11, 2025, was published in the Federal Register authorizing the proportional countermeasures in response to economic impacts caused by “measures adopted by a country or economic bloc that negatively impact Brazilian international competitiveness.”

The suspension of commercial concessions, investments, and obligations related to intellectual property rights are outlined. By “suspension of intellectual property rights”, it is implied that the new law authorizes Brazil to apply compulsory patent licensing, waiver on import and commercialization barriers for patented goods, and temporarily block of royalty payments, in addition to the provisions of Articles 2 to 8 of Law #12,270, of June 24, 2010.

The law applies to impositions that violate or are inconsistent with the provisions of trade agreements or otherwise deny, nullify, or impair benefits to Brazil under any trade agreement. Furthermore, it also includes cases of unilateral measures based on environmental requirements that are more burdensome than the environmental protection parameters, norms, and standards adopted by Brazil.

The full text of Law #15.122, of April 11 2025, is available here, and Law #12.270, of June 24, 2010, can be accessed here, both in Portuguese.

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