There is no specific law regulating the protection of domain names in Brazil.
At the judicial level, the enforcement of domain name rights should be sought in the framework of the Brazilian legislation that protects trademarks, trade names, civil names and other distinctive signs.
Legal protection is also available based on the national legislation against unfair competition, unjust enrichment and defense of consumers. The legal base includes, but it is not limited to, the Brazilian Federal Constitution (Section 5, XXIX), the Brazilian Industrial Property Law (Sections 2, V, 124, XIX, 126 and 195, III), the Paris Convention for Protection of Industrial Property (Sections 6bis and 10bis), the Brazilian Civil Code (Sections 12, 186, 187 and 884) and the Brazilian Consumer Protection Code (Section 4, VI).
At the administrative level, removal of a local infringing domain name can be sought through the Brazilian UDRP-like process (SACI-adm - https://registro.br/dominio/saci-adm), applicable, so far, to local domain names registered as of October 1, 2010 (see below). There are three institutions accredited to handle this process: (1) The Brazilian Industrial Property Association (ABPI); (2) The Brasil-Canadá Chamber of Commerce (CCBC); (3) The World Intellectual Property Organization (WIPO). The URL https://registro.br/dominio/saci-adm.html displays a list with all decisions issued up to mid-April 2021.
Country code top-level domain name: .br
– Companies (Restricted use): am.br; coop.br; fm.br; g12.br; gov.br; mil.br; org.br; psi.br; b.br; def.br; jus.br; leg.br; mp.br; tc.br
– Companies or individuals (Unrestricted use): app.br; art.br; com.br; dev.br; eco.br; emp.br; log.br; net.br; ong.br; seg.br; tec.br
– Universities: edu.br
– Individuals: blog.br; flog.br; nom.br; vlog.br; wiki.br
– Liberal professions (Individuals only): adm.br; adv.br; arq.br; ato.br; bib.br; bio.br; bmd.br; cim.br; cng.br; cnt.br; coz.br; des.br; det.br; ecn.br; ecn.br; enf.br; eng.br; eti.br; fnd.br; fot.br; fst.br; geo.br; ggf.br; jor.br; lel.br; mat.br; med.br; mus.br; not.br; ntr.br; odo.br; ppg.br; pro.br; psc.br; qsl.br; rep.br; slg.br; taxi.br; teo.br; trd.br; vet.br; zlg.br
– Cities (Companies or individuals): rio.br, among others.
Applicant: any individual or legal entity is entitled to obtain registration for a ".br" domain name on a first-come, first-served basis.
Restriction as to nationality: none. A foreign individual or foreign legal entity without any local subsidiary, affiliate or alike is entitled to obtain a local domain in its own name only if a subsidiary or affiliate business is established in Brazil within twelve months from the date of registration.
Domestic trademark right: not required for obtaining domain name registration.
Domain name can be registered as a trademark: yes.
Duration: minimum one year/maximum ten years.
Renewal/maintenance: minimum one year/maximum nine years.
Dispute about ownership: to be brought before the court.
Uniform dispute resolution procedure: available (UDRP-like proceedings before WIPO Arbitration and Mediation Center, the Brazilian Industrial Property Association, or the Brazil-Canada Chamber of Commerce). For a complainant to prevail in the local UDRP-like proceedings, it must prove that the infringing domain name has been registered or has been used in bad faith, as well as to meet one of the following requirements: (a) the domain name should be identical or confusingly similar to a mark upon which the complainant has rights by means of a granted registration or a prior pending application filed at the Brazilian Patent and Trademark Office; (b) the domain name should be identical or confusingly similar to a mark belonging to the complainant that, despite not being protected by a granted registration or a pending application in Brazil, is nonetheless a well-known mark according to Section 6bis of the Paris Convention and Section 126 of the Brazilian Industrial Property Law (Federal Law No. 9.279/96); (c) the domain name should be identical or confusingly similar to a fanciful name, corporate name, civil name, family name or patronymic, well-known pseudonym or nickname, single or collective artistic name or even to another domain name upon which the complainant has prior rights.
The Brazilian Domain Name Registrar (NIC.br), by means of Regulation 2017/031, changed the rules regarding the re-registration of previously abandoned or cancelled domain names. According to the new rules, a monthly list with local abandoned/cancelled domains is released and anyone can apply for their registration again. If more than one individual or company apply for the same domain name said domain will be submitted to a bid process, similar to an auction.
Authority name: The Brazilian Network Information Center (NIC.br).
Internet address: https://registro.br