Intellectual Property Watch
15 March 2010
Brazil Starts Public Consult On Retaliation Against US IP Rights
The Brazilian government today announced the start of a process of public consultation on suspension of concessions or obligations of intellectual property rights from the United States. The government on 15 March published a resolution of the Chamber of External Trade (CAMEX) launching the consultation, according to a Brazilian government press release.
This follows a WTO dispute settlement ruling in a US-Brazil dispute on cotton subsidies where the US was found in non-compliance with international trade rules. The decision gave Brazil the authorisation to suspend its obligations on US goods including IP rights. On 8 March, the Brazilian government published a list of US goods that will be subject to higher import taxes when entering Brazil (IPW, IP Burble, 8 March 2010).
The higher import taxes represent a part of the retaliation amount granted to Brazil and the remaining annual amount, some US$238 million, will be applied in the sectors of IP and services.
After analyzing the comments emanating from the public consultations, the Brazilian government “will select a set of measures from those that are being subject to the consultations.” Interested parties have 20 days to submit comments. Brazil said it remains open to further discussion with the US.


A recent US court decision introduces entirely new questions about the balance between a transformative work and a copyright infringement. It also places the responsibility of balancing the public interest in freedom of expression against the interests of rights holders squarely in the hands of the court, writes Leslee Friedman.
Brazil is actively engaged in a cutting-edge debate over reform of its copyright law, involving issues such as the abuse of copyright holders and constructive exceptions in the law (like copying for education and/or transformative purposes and authorisation to copy by libraries and museums to preserve their works). But the government needs to hear from all interested parties – especially the artists – and avoid letting the debate transform into a political-ideological discussion, writes Brazilian lawyer Manuela Correia Botelho Colombo.

