The Brazilian Patent and Trademark Office (BPTO) has opened today, August 25, Public Call for Comments No. 02/2026, aimed at discussing regulatory options for the registration of video games in Brazil.
This discussion is particularly relevant because video games bring together, within a single product, different intellectual property assets, including software, audiovisual elements, characters, narratives, music, trademarks, industrial designs and, potentially, patentable inventions.
Technical Note No. 03/2026 published by the BPTO proposes for discussion the creation of a sui generis right protecting the video game as an autonomous asset, without replacing the existing protection regimes applicable to its individual components.
Two regulatory models are among the alternatives under consideration:
- a constitutive registration system, under which the sui generis right would arise upon registration being granted by the BPTO, potentially following substantive examination; and
- a declaratory registration system, under which protection would arise upon creation of the game, with registration serving documentary, publicity and evidentiary purposes.
The consultation goes beyond the choice between these two models. The BPTO is also seeking input on several important issues concerning the future regulatory framework, including:
- which elements should comprise the subject matter of protection;
- the role of the Game Design Document (GDD) in defining the game;
- the term of protection;
- whether substantive examination and an assessment of originality should be required, and their appropriate scope;
- the possibility of opposition and administrative invalidation proceedings;
- the documentation to be submitted to the BPTO; and
- the risks associated with the disclosure of strategic or confidential information.
According to our partner Luiza Duarte, “there is currently no specific protection for video games under international treaties or the foreign legislation analyzed by the World Intellectual Property Organization. This makes the discussion regarding the compatibility of the future Brazilian framework with international intellectual property systems, as well as its potential impact on the internationalization of Brazil’s video game industry, particularly relevant.”
The Public Call for Comments will remain open until October 26, 2026, and the contributions received will inform the Regulatory Impact Assessment (RIA) and the BPTO’s potential future regulation of the matter.
For developers, publishers, investors, industry associations, rights holders and other stakeholders in the gaming ecosystem, this is an important opportunity to contribute directly to shaping Brazil’s future framework for the protection of video games.
Our team is closely following these developments and is available to assist companies, industry associations and other stakeholders in assessing the potential impact of the regulatory alternatives proposed by the BPTO, considering the legal and strategic issues involved, and preparing and submitting contributions to the Public Call for Comments.