Video Game Registration in Brazil: What changes with the new INPI regulations?

The video game sector in Brazil is experiencing a period of regulatory maturity and significant growth. With the enactment of the Legal Framework for Video Games (Marco Legal dos Jogos Eletrônicos), the Brazilian Industrial Property Law now expressly provides for the possibility of granting a specific registration for video games in the country.

Currently, the National Institute of Industrial Property (INPI) is conducting in-depth studies to define the criteria, technical requirements, and procedures to enable this new form of protection. As part of this initiative, the Institute launched Public Call for Contributions (Tomada Pública de Subsídios – TPS) No. 02/2026 to gather feedback from society and the market regarding potential regulatory models.

Although the TPS is temporarily suspended for technical review alongside the Ministry of Development, Industry, Trade, and Services (MDIC), the discussion has raised a crucial alert for developers, publishers, and investors: how can intellectual property in the gaming industry be strategically protected?

One Game, Multiple Layers of Protection

Video games are complex, multidisciplinary legal assets. A single title combines a refined set of technological, creative, and commercial elements that continuously intertwine:

• Software and Source Code: Protected under the Software Law regime.
• Trademarks and Visual Identity: Names, logos, titles, and distinctive signs registered with the INPI.
• Copyright: Scripts, illustrations, 3D animations, character design, soundtracks, and audio effects.
• Industrial Design: User interfaces (UI) and specific aesthetic aspects, where applicable.
• Trade Secrets and Contracts: Protection of proprietary technology, know-how, and governance of the chain of title.

Because they combine different legal regimes, creating a specific registration framework raises central debates on how this new mechanism will interact with the protection modalities that are already established and consolidated in the market.

Which Registration Models Are Being Evaluated by the INPI?

The INPI has indicated that it is analyzing different methodologies to operationalize video game registration. Key formats under discussion include:

1. Umbrella Model: A single registration designed to cover multiple constituent elements of the game in one unified procedure.
2. Fast-Track Model: A simplified, streamlined procedure aimed at ensuring rapid grant times.
3. Sui Generis Model: The creation of a dedicated regime tailored specifically to the hybrid nature of video games.
4. Specific Model: Protection targeted and limited to specific components or aspects of the work.

The choice of the final model will directly impact timelines, costs, required documentation, and the legal scope of protection granted to industry companies.

Impacts Beyond Registration: Contracts, M&A, and Governance

The establishment of the new registration model will extend beyond the bureaucracy of filings at the INPI; it will have direct implications for strategic management and the valuation of gaming companies in Brazil:

• IP Portfolio Organization: Easier inventory and valuation of the company’s intangible assets.
• Chain of Title: Robust, centralized proof of ownership over the game and its components.
• Development and Licensing Agreements: Enhanced clarity regarding copyright assignments and royalty distribution.
• M&A and Due Diligence: Reinforced legal certainty for investors and funds seeking to capital-invest in Brazilian studios.
• Protection of Teams and Partners: Rigorous documentation of deliverables created by employees, freelancers, and third-party contractors.

What Can Studios, Developers, and Investors Do Right Now?

While the final framework of the INPI regulation is still being defined, this is the ideal time for companies to perform a legal security assessment of their projects.

The following preventive measures are recommended:

• IP Mapping: Conduct a rigorous mapping of all game assets (software, artwork, music, trademarks).
• Contract Audits: Review employment contracts, service agreements, partnerships, and non-disclosure agreements (NDAs).
• License Documentation: Ensure that all libraries, game engines, and third-party assets have valid and documented licenses.
• Traceability and Evidence: Maintain an organized history of the development process and creation records.
• Regulatory Monitoring: Track the resumption of TPS No. 02/2026 as well as regulatory updates from the MDIC and the INPI.

The future regulation of video game registration by the INPI will bring significant advancements in legal certainty and the attraction of investments to the gaming industry in Brazil. Rather than simply waiting for new guidelines, the path to protecting a game’s market value lies in integrating it into a continuous, preventive legal strategy.

Peck Advogados continuously monitors the regulatory evolution of the INPI and the development of new guidelines focused on intellectual property, the gaming ecosystem, and the creative economy. Our specialized team is available to support organizations in structuring, evaluating impacts, and strategically managing their digital assets.

For more information, contact us via email at contato@peckadv.com.br.

Peck Advogados supports the social and educational initiatives of the Instituto Peck de Cidadania Digital. To learn more, visit: www.ipcd.org.br

Authored by: Dr. Ana Mancuso, Head of Digital Litigation, and, Dr. Mariana Figueiredo, Digital Litigation Attorney

AUTHOR

• Mariana Figueiredo
• Ana Mancuso