The Doctrine of Legitimate Expectations and Industrial Property Rights in Brazil

IAG June Newsletter

The Public Administration’s acts, in particular, the ones practiced by the Brazilian Patent and Trademark Office (BPTO), are subject to the requirements of reliability and coherence, based on the principles of legal stability, good faith and the Doctrine of Legitimate Expectations. Accordingly, the BPTO can neither contradict its own acts/omissions with dissenting positions taken in similar pending applications cases, nor abruptly and without relevant justification review its previous positions.

The idea of precedence and the need to respect the legitimate expectations created by past behaviors/decisions is paramount for ensuring the validity of every subsequent acts and decisions issued by the Public Administration. This is the foundation for the legitimate expectation that public acts and policies are in accordance with the laws. It also provides stability, which is the cornerstone of the reliability of the Public Administration.

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