backAs previously explained (inserir link pra 1a edição), the regulation of sports betting (“Bets”) in Brazil, introduced by Law No. 13,756/2018 and recent ordinances from the Ministry of Finance, has had significant impacts on the sector, including the need for attention to operators’ intellectual property rights.
Among the main concerns, we highlight the following:
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- Trademark Registration. Registering the brands under which Bets operates is essential for market differentiation and to prevent third parties from taking advantage of established reputations. The term “Bets” may be used as part of the brand name but will not be exclusive to one operator.
- Domain Names. Internet domains also require protection, including the use of the “bet.br” extension on sites registered in Brazil. This measure aims to ensure that authorized operators use specific, unique domains, preventing cybersquatting and typosquatting, where third parties attempt to confuse users by impersonating official sites.
- Advertising. Another critical point is advertising. Operators who wish to sponsor football teams, for example, must be authorized to operate in Brazil. Without this authorization, the validity of advertising contracts may be questioned, and clubs sponsored by unauthorized operators must stop displaying ads to avoid legal violations. For more information, click here (inserir link para 2o art).
- Software. Finally, protecting the software, interfaces, and visual elements of the sites and apps used by betting operators is essential for market differentiation and preventing unfair competition. Aspects like trade dress (a unique visual interface) and protection against copying essential elements should be considered, although certain elements of the game itself cannot be monopolized by one operator.
These are some of the main intellectual property considerations in Brazil’s growing sports betting market. If you want to learn more about protecting your business in this regulated sector, contact us for guidance.
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