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BRAZILCOUNTRY ANALYSIS

TEAM MEMBERS :

AKANKSHA TIKKUANUJ JINDALAMANDEEP SINGHABHIJIT SINGHARPIT AGARWALCHACKO JACOB

http://en.wikipedia.org/wiki/File:Iguazu_D%C3%A9cembre_2007_-_Panorama_7.jpg

Important facts – Agricultural areas in production account for more than 19% of the world’s arable land

Agriculture is a major sector of the Brazilian economy, and is key for economic growth and foreign exchange. Agriculture accounts for about 5.8% of GDP (25% when including agribusiness) and 36% of Brazilian exports.

Brazil is the world's largest producer of sugarcane, coffee, tropical fruits, frozen concentrated orange juice (FCOJ), and has the world's largest commercial cattle herd

Other important facts –

Major industries - textiles, shoes, chemicals, cement, lumber, iron ore, tin, steel, aircraft, motor vehicles and parts, other machinery and equipment [Industrial production growth rate - 4.3% (2008 est.)]

Major exports - transport equipment, iron ore, soybeans, footwear, coffee, autos Major imports - machinery, electrical and transport equipment, chemical products, oil, automotive parts, electronics

[Almost 15% of the exports & imports happen with the US ]

Relations between Brazil and India have grown considerably and co-operation between the two countries has been extended to such diverse areas as science and technology, pharmaceuticals and space. The two-way trade in 2007 nearly tripled to US$ 3.12 billion from US$ 1.2 billion in 2004.

Global software giant, Wipro Technologies, also set up a business process outsourcing centre in Curitiba to provide shared services to AmBev, the largest brewery in Latin America.

Brazil and India are deeply committed to IBSA initiatives and attach utmost importance to this trilateral cooperation between the three large, multi-ethnic, multi-racial and multi-religious developing countries, which are bound by the common principle of pluralism and democracy.

GDP [purchasing power parity] $1.993 trillion (2008 est.) (Country comparison to the world: 10)

The then GDP of India was $ 3.297 trillion & was ranked 5 as per CIA fact book

GDP [composition by sector]Agriculture: 6.7% [employs 20% of Workforce]Industry: 28%Services: 65.3% (2008 est.)

Criteria BRAZIL INDIA CHINA US dated

1 Independent from colonial rule in yr 1822 1947 1776

2 Geographical area (sq km) 85 lakh 32 lakh 95 lakh 98 lakh

3 Population (in crores) 19.8 116.6 133.8 30.7 2009 est.

4 Population growth rate (%) 1.2 1.55 0.66 0.98 2009 est.

5 Median age 28.6 years 24 years 34 years 36 years 2007 est.

6 Literacy rate (%) 88.6 61 91 99 2007 est.

7 Life expectancy (in years) 71.99 69.89 73.47 $78 2007 est.

8 Infant mortality rate (per 1000) 22.58 deaths 30.15 deaths 20.25 deaths 6.26 deaths 2009 est.

9 Currency Real Rupee Yuan US Dollar

10 Exchange rate (currencies per US dollar) 1.8644 43.319 6.9385 1 2008 est.

11 population below poverty line 31% (2005 est.) 25% (2007 est.) 8% (2006 est.) 12% (2004 est.) 2007 est.

12 Exports $ 197.9 billion $ 176.4 billion $ 1435 billion $ 1291 billion 2008 est.

13 Imports$ 173.1 billion

$ 305.5 billion $ 1,074 billion $ 2112 billion 2009 est.

14 External debt (billion) $263 $230 $380 $13,640 2008 est.

15 Mobile-cellular users (in crores) 12 36.23 54 25.5 2007 est.

16 Mobile-cellular users (as % of pop) 60.6 31.1 40.4 83.1 2007 est.

17 Internet users (in crores) 5 8 25.3 22.3 2007 est.

18 Internet users (as % of pop) 25.3 6.9 18.9 72.6 2007 est.

19 Electricity consumption (billion Kwh) 402.2 517.2 3271 3892 2007 est.

ABOUT THE REPORT The report aims to evaluate Brazil’s standing as an investment destination by studying the country’s progress in every sphere.

The evaluation is in three stages – in the first stage, the country’s progress in the basic “Basic requirements” such as healthcare, education etc is evaluated, in the second stage, the country’s progress in “Efficiency enhancers” such as financial markets, regulatory institutions etc is evaluated & in the third, the country’s “technological readiness” is evaluated. The stages of evaluation are depicted in the table below –

BASIC REQUIREMENTS

Health & Education

Land & Labor market efficiency

Macroeconomic stability

Currency regulation

Taxation & government revenue

EFFICIENCY ENHANCERS

Removing administrative barriers to business

Financial market maturity

Stock markets

Corporate governance

Insurance sector maturity

Regulatory framework/Institutions

Competition Law

TECHNOLOGICAL READINESS

Technology level

Intellectual Property Rights

EVALUATION

BRAZIL - COUNTRY ANALYSIS Labor & Land

Education Healthcare

Administrative barriers to business Corporate governance Stock market Competition Law

Currency regulation Taxation Insurance

Technology Intellectual property rights

Land and Labor

Land – Some facts

• Land in divided into 5 major areas– North including the Amazon basin– Semi arid Northeast region– Populated southeast region– Smallest south region– Landlocked center west region

• Amazon basin contains world’s largest river and the world’s largest tropical rain forest.

• Areas of highly fertile land are limited.

Land – Some facts

• The clearing of rain forests in the Amazon Basin has caused severe criticism from environmentalists.

• Agriculture accounts for 8% of the country's GDP, and employs about ¼ th of the labor force.

• World’s largest producer of sugarcane and coffee.

Land Reforms

• Land reform consist of a government-initiated or government-backed real estate property redistribution, generally of agricultural land.

• In the 1930s, Getúlio Vargas failed to fulfil on a promised land reform.

• Later reforms were planned in the govt of José Sarney but all in vain.

Land Reforms contd..

• Various land reforms are State led land reform (SLLR), Land Credit National Program (PNCF), cedula da terra, banco da terra, sao jose

• Not really successful.

Real Estate Market

• Last 25 years were stagnant because of high interest rates, lack of financing, high inflation and slow economic growth.

• Since the 1994 economic recovery plan (Plano Real) and macroeconomic reforms and sound fiscal management , purchasing power has increased and in turn investments in real estate sector.

• Record number of tourism inflows has also improved the real estate sector.

Real Estate Market contd…

• Foreigners can purchase land and property in Brazil in their own names on a 100 percent freehold basis.

• Mortgage finance options still less in Brazil.• Key property markets are Rio de Janeiro , Sao

Paulo and north eastern Brazil.

Labor – Some facts

• As per Global Competitiveness Index, Brazil has been ranked at 80 in terms of labor market efficiency.

• Unemployment rate is 7.9 % in 2008 as per EuroMonitor.

• In 2007, 43 % of the labor was women.• Child labour ; (5–14 years) 1999–2007 is 6 %.


• Minimum wage – 465 Brazil Reals or 201 US $ per month.

• The Brazilian national minimum wage is adjusted annually.

• Millions of Brazilians live on the minimum salary

• Most business are conducted between the hours of 8am and 6pm and the average working business week is 42 hours.


• Employees are entitled to a weekly rest of at least 24 hours.

• All employees are entitled to up to 30 days' holiday after a full year of work with the same employer.

• Service sector employed 66 % of the workforce in 2007.

• Population estimate for 2009 is 191 Millions and Labour force is 134.6 million (2009 estimâtes).

Median salary by Job Experience

Labor – Some Stats

• Ranked at 87 in terms of Cooperation in labor-employer relations.

As per the Global Competitiveness report 2009 Highest rank being 133


• Ranked at 110 in terms of Flexibility of wage determination.



• Ranked at 78 in terms of Female participation in labor force.



• Ranked at 68 in terms of Firing costs (in weeks of wages).



• Unemployment Rate (% of economically active population) is 7.9 for the year 2008.

Source : EuroMonitor

Labor Unions and Organizations

First legally recognized labor organization in 1907.The Vargas government created a government-

supervised trade union structure in 1931.In 1950, pressure for a central labor organization.CLO legalized in 1985.During the 90’s, thousands of trade unions came up.Central Union of Workers and the General

Confederation of Workers.

EDUCATION

A MACRO ECONOMIC PERSPECTIVE

STRUCTUTRE OF EDUCATION

Pre-School Education For age below 6 years. Aim is to develop cognitive and social skills. Fundamental Education age from 6-14 years. Aim is to increase the literacy. Secondary Education It takes min 3years. Aim to Increase the level of competence and skills. Higher Education 4 year courses. Specialization in specific courses.

• Literacy (Total Population): 88.6%• GDP per capita(US $): 7605

• Public expenditure per student as % of GDP per capita Primary school, 2004 12.8 Secondary school, 2004 11.5

• Total public expenditure on education As % of GDP 4.0 As % of total government expenditure 10.9

EDUCATION PROGRAMS• The Ministry of Education and Sports does not establish nationwide

educational programs . • For fundamental education, the Federal Educational Council

determines which subjects shall be compulsory for the national common core, defining their objectives and scope.

• The Federal Council at each State and of the Federal District, lists the subjects contained in the diversified part of school curricula, for the area under its jurisdiction.

• For higher education courses, the Federal Educational Council determines the minimum curriculum for each course, but not the

programs.

CHALLENGES • Brazil has a public university system and technical schools that meet

international standards and a basic, K-12 education system that is among the world’s worst.

• Universities and technical schools are federally based and receive federal funds. The elementary and secondary schools are run by the municipal and state governments and can only count upon local funding.

• But the K-12 system needs to be a national concern, and it must be able to reply upon three national standard

Each governing official’s responsibility towards education; The minimum conditions for each school;

Resources from the federal government.

HEALTHCARE

Brazilian Health System

• Government managed system, the SUS (Sistema Único de Saúde).• Private sector, managed by health insurance funds and private

entrepreneurs.

Health Indicators

US BRAZIL INDIA

Life Expectancy (years) 78 72 63

Infant Mortality Rate (per 100 live births)

7.0 19.0 57.0

Government expenditure on health as percentage of total expenditure.

19.1 7.2 3.4

Government expenditure on health as percentage of total expenditure on health

45.8 47.9 19.6

Health System Performance rank (/ 191 countries) (2000)

37 125 112

Sources: WHO Statistical Information System , 2006 World Health Report 2000

Health expenditures as a percentage of total government expenditures, 2006

Source: World Health Organization, available at http://www.who.int/en/.

Impact of Health on Earnings in Brazil

• Health status affects the wage-hour rate, productivity and labor supply

Result of adverse health condition in Brazil

Reduction in Probability of working

Reduction in wages

5.68 – 12.58 % 0.58 – 13 %

Loss / total earnings Loss/GDP

2.98 – 10.09 % 1.47 - 4.7 %

Source: PNAD/1998

Challenges

• Aging population (9.7% of population over 60yrs by 2010).

• Public system underfinanced.

• Least fair financing of health system - people make high out-of-pocket payments for health care.

• Health services and human resources are disproportionately distributed, with overrepresentation in wealthy states (South and Southeast).

• Growing number of multinational companies with offices and employees in Brazil—fueling the demand for efficient and effective health-care programs.



Administrative barriers to business

Corporate governance Stock market Competition Law



ADMINISTRATIVE BARRIERS TO BUSINESS

AGENDA

Major stages of Doing Business

Compare these stages with Brazil Economy

Overall Brazil Economy Ranking

Administrative barriers to business with the

perspective of investors

Recommendations for improving

Major stages of Doing Business-Incorporate and register the new firm-Dealing with Construction permits-Employing workers-Registering Property-getting credits-Protecting Investors-Paying taxes-trading across borders

Brazil: Rank 126 out of 183 Economies for this Feature

Brazil: Rank 113 out of 183 Economies for this Feature

Brazil: Rank 138 out of 183 Economies for this featureBrazil: Rank 120 out of 183 Economies for this Feature Brazil: Rank 87 out of 183 Economies for this featureBrazil: Rank 73 out of 183 Economies for this featureBrazil: Rank 100 out of 183 Economies for this feature

Overall Brazil Ranking

Administrative Barriers to business

-Business Regulations

-Labor law is inflexible and raises employer costs

-Site development is also complicated

-Acquiring entry visas and work Permits

-Land acquisition is difficult

-Significant administrative capacity

differences among municipalities.

-The tax system is very complex and changes too often

Recommendations

- Conduct an internal review of the process for obtaining

residence permits, with a view to deregulation and

speeding up

-Allow for more flexible work permits policy

-Decentralize the country’s labor system

-Handle all company registrations at the State Commercial

Registry Offices

-Prepare accurate and detailed real estate surveys

Corporate Governance

Why Corporate Governance?

Regulatory Bodies

• Goal- Instill the importance of disclosure within a company’s management, emphasize fairness amongst partners and illustrate the importance of accountability and corporate responsibility.

• Code of best practices– Basic Principles

• Transparency• Equity• Accountability• Corporate Responsibility

– Shareholder’s Rights• Voting Rights

IBGC- Instituto Brasileiro de Governanca Corporativa

CVM, Securities Market Regulator

Comissão de Valores Mobiliários, CVM is the federal agency linked to the Ministry of Finance, instituted in December 1976.

Traditional Bovespa Market

Level 1

Level 2Novo Mercado

Disclosures

• The financial and operating results of the company

• Company objectives

• Major share ownership and voting rights

• Members of the board and key executives, and their remuneration

• Material foreseeable risk factors

• Governance structures and policies

Source: CVM

Stock Markets

BM&F BOVESPA

• BM&F BOVESPA Securities, Commodities and Futures Exchange was created in 2008 with the integration between the Brazilian Mercantile & Futures Exchange (BM&F) and the São Paulo Stock Exchange (Bovespa).

• The leading exchange in Latin America in terms of market value.

• Self Listed exchange

Source: www.bmfbovespa.com.br

CVM- Roles and Responsibilities

• Discipline, rule, and supervise all matters related to the Brazilian securities market

• Registration of publicly held companies and public offerings

• Accreditation of independent auditors and mutual fund managers

• Establishment of rules concerning the institution, the functioning, and the operational procedures of stock exchanges in Brazil

• Suspension of the trading, issuance, or distribution of securities

Facts and Figures


Advantages of multiple listing segments

• Two way incentive– Investor’s perspective– Company’s perspective

Companies listed on Novo Mercado

Inference:- Companies are accepting higher levels of corporate governance


Major IPOs in 2008


Latest in the news !IPO of VisaNet raises $4.3 billion in June 2009.

Santander Brazil, a Brazilian bank, IPO raises $8 billion in the largest public offering in 2009

Recommendation

Although Brazil has been moving towards higher levels of corporate governance, mainly companies listed on Novo Mercado have been the major drivers for corporate governance reforms.

So for the Brazilian government the challenge now is to move corporate governance reform beyond this limited group of companies and make it an integral part of the investment promotion agenda.

COMPETITION LAW

As trade Liberalisation progresses and the state is gradually

withdrawing from the expanded role it has assumed earlier.

COMPETITION LAW

It is against this background of Liberalization Competition

law assumes great importance

Competition laws known more popularly as (Antitrust laws

in the United States) are important for the preservation of

economic freedom and our free-enterprise system.

Competition law prohibits the deliberate exploitation of a

dominant market position by a firm.

Generally any agreement, arrangement or understanding

between enterprises that has the effect of substantially

lessening or limiting access to market is prohibited by

Competition law.

This prohibition applies not only to written agreements but

also to oral and informal agreements.

What does Competition Law prohibit ?

These agreements include agreements between competitors

to fix prices or the terms and conditions of credit and sales,

to allocate customers or territories;

Not to deal with any person or persons ("group boycotts"),

and, in certain circumstances,

to sell one product conditioned on an agreement by the

buyer to purchase a second, distinct product ("tying").

Resale price maintenance

Collusive tendering etc..

Anti-competitive offenses --

Brazilian Competition Policy System (BCPS) consists of three bodies:

(1) CADE, the Administrative Council for Economic Defense, an autonomous agency which has dispositive adjudicative authority in BCPS cases;

(2) SDE, the Economic Law Office in the Ministry of Justice, which has the principal investigative role; and

(3) SEAE, the Secretariat for Economic Monitoring in the Ministry of Finance, which also has investigative authority but is primarily responsible for providing economic analysis in BCPS proceedings.

Brazilian competition law prohibits companies –

to limit, restrain or in any way injure open competition or free

enterprise;

to control a relevant market of a certain product or service;

to increase profits on a discretionary basis;

to abuse one’s market control.

to make horizontal and vertical agreements and unilateral

abuses of market power etc

Strengths of the BCPS include -

a strong institutional dedication to high standards of integrity, autonomy, sound policy, fair procedure; an excellent leadership cadre; and a supportive business community.

Weaknesses of the BCPS include –

a counter-productive institutional structure staff that is neither sufficient in size nor compensated adequately to retain qualified employees over the long term. The consequences of inadequate staff include poor institutional memory, inefficiency, and delay.

Also, some statutory provisions relating to merger notification and to the leniency program interfere with efficient and effective law enforcement, and the unfamiliarity of the courts with competition law is yet another source of difficulty.

CURRENCY REGULATION

• Currency --- Real R$• 1 Brazil real = 0.58309 U.S. dollars

• The exchange rate as of October 16th, 2009 is approximately BRL 1.71 to USD 1.00.

• The modern real (plural reais) was introduced on July 1, 1994, as part of a broader plan to stabilize the Brazilian economy, known as the Plano Real. It replaced the short-lived cruzeiro real.

• Official reserve assets 221,628.70

Foreign currency reserves (in convertible foreign currencies) 211,366.28

FACTS

http://en.wikipedia.org/wiki/United_states_dollar

http://en.wikipedia.org/wiki/July_1

http://en.wikipedia.org/wiki/1994

http://en.wikipedia.org/wiki/Economics

http://en.wikipedia.org/wiki/Plano_Real

http://en.wikipedia.org/wiki/Brazilian_cruzeiro_real

http://en.wikipedia.org/wiki/Brazilian_cruzeiro_real

• The currency suffered a gradual depreciation until late 2002,as many Brazilians fearing another default or a resumption of heterodox economic policies purchased tangible assets as an inflation hedge or just simply took their money out of the country.

At its worst point in October 2002, the Real actually reached its historic low of almost R$4 per US$1.

• Through orthodox macroeconomic policies (including inflation-targeting, primary fiscal surplus and floating exchange rate, as well as continued payments of the public debt) the real has been getting stronger and stronger against the dollar and, since the beginning of 2005, most other world currencies as well.

• In the year of 2007, in spite of the various attempts of the Brazilian Banco Central (Central Bank) to keep real low, it has grown stronger against the dollar. In May 2007, the real became worth more than 50 U.S. cents for the first time in recent years.

CURRENCY REGULATORY BODY

The Central Bank of Brazil is the agency responsible for: (i) managing the day-today control over foreign capital flow in and out of

Brazil (risk capital and loans under any form).

(ii) setting forth the administrative rules and regulations for registering investments.

(iii) monitoring foreign currency remittances.

(iv) allowing repatriation of funds

FEATURES • Resilience to Shocks, No Dollarization, but Struggling to Promote Growth.

• The financial system in Brazil has evolved to a system with smaller presence of public banks and larger participation of foreign banks, less directed credit, and well capitalized banks

• Restructuring the financial system and currency Program of Incentives for Restructuring and Strengthening the National

Financial System (PROER) Program of Incentives for the Reduction of the State Role in the Banking

Activity (PROES) Program for the Strengthening of the Federal Financial Institutions (PROEF) Estimate of fiscal cost of banking restructuring in Brazil Increasing the presence of foreign banks

FOREIGN INVESTMENT• The investments into and repatriation of foreign capital from Brazil are

subject to various federal laws and regulations.

• Foreign capital must be registered through an electronic system, which is part of the Central Bank Information System (Sistema de Informações do Banco Central– SISBACEN).

• All foreign investments must be registered with the Central Bank of Brazil.

• The foreign purchaser will be entitled to register capital in the same amount as the registration previously held by the selling company, once again regardless of the price paid for the investment abroad.

PATH-BREAKING EVENTS• Biggest Trade partner of Brazil is China .

• Brazil and China will work towards using their own currencies in trade transactions rather than the US dollar

• China’s president, first discussed the idea of replacing the dollar with the renminbi and the real as trade currencies when they met at the G20 summit in London last month.

TAXATION IN BRAZIL

AGENDA

Taxation system in Brazil

Tax and Taxing powers

Recommendations to improve

Tax and Taxing Powers in Brazil

These three indicators

Number of Tax Payment

Time, measure of hours per

year necessary to prepare and

file tax return

Total tax rate , measure the

amount of taxes and mandatory

contribution payable by company

Brazil Ranking in Taxation Policies

Recommendations

- Continue streamlining reporting and compliance processes

- Pay more attention to stability in both the tax rules and regulations

- Simplify the Tax system- Strengthen institutional capacity at the

municipal level

INSURANCE

Insurance, in law and economics, is a form of risk management primarily used to hedge against the risk of a contingent loss.

Insurance is defined as the equitable transfer of the risk of a loss, from one entity to another, in exchange for a premium, and can be thought of as a guaranteed and known small loss to prevent a large, possibly devastating loss.

An insurer is a company selling the insurance;

An insured or policyholder is the person or entity buying the insurance. The insurance rate is a factor used to determine the amount to be charged for a certain amount of insurance coverage, called the premium.

BUSINESS MODELThe business model can be reduced to a simple equation:

Profit = earned premium + investment income - incurred loss - underwriting expenses.

BRAZIL’s INSURANCE INDUSTRY

SIGNIFICANCE OF INSURANCE FROM BUSINESS POINT OF VIEW

Safety against risks

Source of credit

Promotes foreign trade

Aid to small businesses

Provides business stability

Promotes research & innovation

REGULATORY BODY & NEED FOR IT [EXCESSIVE & TOO LIL CONTROL – PERILS]

CNSP - The National Council of Private Insurance - is the system’s deliberative body and it is responsible for the settlement of the Brazilian Government policies’ guidelines and directives for insurance and capitalization companies and open private pension entities in Brazil.

The Superintendence of Private Insurance (SUSEP), an autarchy linked to Ministry of Finance, is the executive body of the politics delineated by the CNSP and is also the insurance commissioner, responsible for the supervision and control of the insurance, open private pension funds and capitalization markets in Brazil.

NEED FOR REGULATION OF THE INSURANCE SECTOR

Too little control of the industry will lead –

Cut throat competition – Cut throat competition is not of the interest of the industry since acute competition may sometimes lead to insolvency of insurance companies 7 thereby policy holders may face serious consequences.

More attention towards profitable schemes /policies – private insurance companies will develop & introduce only those schemes which involve minimum risk burden & that are more profitable for them. They would overlook the interests of common people especially women & handicapped who are prone to more risks.

RECENT REFORMS

On January 15, 2007, Brazil published Complementary Law 126, eliminating the previous state monopoly on reinsurance, which had been in place since 1939. Previously the domain of the government controlled Brazilian Institute of Reinsurance (IRB), the regulation of co-insurance, reinsurance and retrocession transactions

This change in law created a rapid influx of reinsurers, who are expected to bring:

Significant new capitalTechnical expertiseProduct innovationReinsurance support for undeveloped and underdeveloped lines of business.

Technology

Technology – Some facts

• Brazil is the 5th Largest Computer Market in the World

• Brazil is Latin America’s largest telecom market. • World’s leading producer of hydroelectric

power.• Brazil Leads Latin American Software Revenues.• As per Global Competitiveness Index 2009,

Brazil has been ranked at 46 in terms of Technological Readiness.


• Develops projects ranging from submarines to aircrafts to space research.

• Possesses a satellite launching center and was the only country in the Southern Hemisphere to integrate the team responsible for the construction of the ISS.

• Pioneer in ethanol production.• 73% of funding for basic research comes from

government .

Annual Growth rate of PCs in use


Annual Growth rate of Internet Users


Technology – Some Stats

• Ranked at 41 in terms of Quality of scientific research institutions.



• Ranked at 34 in terms of Company spending on R&D.



• Ranked at 34 in terms of Availability of scientists and engineers.



• Ranked at 60 in terms of Government procurement of advanced technology products.



• An operational Synchrotron Laboratory, a research facility on physics, chemistry, material science and life sciences, only 3 countries in Latin America has such a facility.

• Total adult literacy rate (%), 2000–2007 is 91 % as per UNICEF.


• Uranium is enriched at the Resende Nuclear Fuel Factory to fuel the country's energy demands.

• Country's first nuclear submarine will soon be launched.

• The government also plans to build 17 more nuclear plants by the year 2020.

BRAZIL - COUNTRY ANALYSIS Labor & Land Education Healthcare




INTELLECTUAL PROPERTY RIGHTS

Governing Bodies

• INPI (Instituto Nacional Da Propriedade Industrial)

The National Institute of Industrial Property Responsible for registration of trademarks, patenting, the registration of computer software, industrial designs and geographical indications, according to the Industrial Property Law.

• National Council for Combating Piracy and Intellectual Property Crimes.

• Principal international IPR organisations and agreements Brazil belongs to:– Berne Convention (copyright) – since 1922– Paris Convention (priority rights) – since 1884– Patent Cooperation Treaty (patents) – since 1978– WTO/TRIPS (IPR in general) – since 1995

• Patent applications and granted filed by patent office and country of origin

Country of Origin Filed GrantedGranted

/Filed Brazil 1,049 395 0.38

India 3882 1025 0.26United States of America

1,68,553 146065 0.87

Source: WIPO Statistics Database, June 2009

Country Cost (in $)

Time to Registertypical period,

from filing date(years)

Brazil 383 5-8

US 326 1-2

Time and Cost Comparison

Utility patents per million inhabitants, 2008

Differences

• Follows “first to file” principle instead of “first to invent” (in US).• Unlike US, the employee (not the employer) owns the copyright.• Patents (20 years) vs. Utility models (15 years, less stringent criterion).

Cause of Concern

• Brazil’s Law 10196 of 2001, which includes a requirement that National Health Surveillance Agency (ANVISA) approval be obtained prior to the issuance of a pharmaceutical patent.

• Not a member of Madrid Protocol (trademark).• Backlog in the processing of applications of all types – 5 to 6 yrs.• Major source of IP infringement- South and southeast• IP is portrayed by the Brazilian government as a foreign monopoly against

the interests of Brazilian people.

CONCLUSION & RECOMMENDATIONSBrazil as an investment destination for the short term is a “not favorable” option whereas if one is looking for long term attractiveness of Brazil as an investment destination, then the answer would be “yes”. The decision favoring Brazil as a better investment destination in the future is based on the assumption that the government would keep up with the present rate of reforms in each sector.

To be fair, Brazil has the potential to become one of the most dynamic BRIC economies. The last two decades have been a period of important progress for the country in consolidating macroeconomic stability, liberalizing and opening the economy, and reducing income inequality, among other dimensions. This has put the economy on a sounder foundation in terms of sustainable, long-term growth.

CONCLUSION & RECOMMENDATIONSNevertheless, a number of shortcomings continue to undermine national competitiveness.

These include –

high levels of government indebtedness,

an overly rigid labor market

poor educational standards coupled with an enduring inequitable income distribution.

Very high taxation levels

It is a tough call for Brazil’s institutions to tackle these shortcomings in the present context of major external shocks on export demand and financing availability, along with falling commodity prices.

CONCLUSION & RECOMMENDATIONS

The country would be in a better state if it were to work out to solve all these problems, especially the problems it faces in the “Basic requirements” we have identified. It is also important for the government to develop more tools to measure the impact of each public policy. Last but not least, the attention given to basic education should be enhanced, with an emphasis on universal access to secondary school and a strong investment in technical education and scientific careers. Brazil needs more engineers and more science teachers and researchers. Although improvements in healthcare provided to the overall population have been achieved in the past few years, providing increased access remains a key challenge in Brazilian healthcare.

References• World Competitiveness Report’ 2009 –World Economic Forum

• EIU (Economist Intelligence Unit) database -Country Profile: Brazil.

• OECD database - Economic Survey of Brazil ‘2006.

• UNCTAD (United Nations Conference on Trade and Development) - World Investment Report 2008.

• World Bank database - Doing Business 2009

• Euromonitor – Brazil ‘2006

• The World Health Report 2000, WHO.

• Health Systems and Services Profile Brazil. PAHO and USAID.

• Intellectual Property Rights Primer for Brazil. [Hunter Rodwell Consulting, UK Trade and

Investment].

• Health status impacts on individual earnings in Brazil. [Luiz Fernando Alves and Mônica Viegas

Andrade. 2002].

• World Intellectual Property Indicators 2009 - WIPO.

• www.doingbusiness.org

• OECD ‘Policy Brief’-competition policy & Law in Brazil –Sept’08

• “Brail – Insurance market snapshot” – Ms. Maria Elena [FENASEG-Sept’08]

THANK YOU

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