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 Intellectual Property


INTA 2026: Latin America’s Brand Protection Challenge Is Also Its Growth Opportunity

 

Sports and e-commerce are two major sectors contributing to Latin America’s economic growth. The session Expanding into Latin America: Navigating Risk, Unlocking Value and Protecting Intangibles, moderated by Erika Diniz Silla, Executive Director at Associacao Brasileira da Propriedade Intelectual, had invited Paula Fernandez Pfizenmaier, Head of IP at Mercado Libre Argentina, Roxana Segura, Head of Legal at Adidas Chile, and Vitoria Fernandes, Brand Protection Lawyer at Alpargatas S.A. from Brazil, will focus on how businesses can approach the region strategically, using intellectual property as a business asset that supports entry, differentiation and long-term value creation.

Latin America is often introduced through its challenges, but that framing misses the bigger story. The region is also a major opportunity set, with momentum in clean energy, critical minerals, fintech, e-commerce and other fast-growing sectors.

Across the region, digital adoption is changing how consumers shop, connect and discover brands. Brazil, in particular, stands out as one of the region’s most digitally engaged markets, which helps explain why companies see it as both a large commercial opportunity and a demanding environment for brand protection.

Beyond legal enforcement

At the same time, complexity remains part of the operating reality. Counterfeiting continues to be a significant challenge in Latin America, and fragmented legal frameworks can make enforcement harder than it should be. For rights holders, the lesson is clear: legal tools matter, but so do consumer education, platform cooperation and coordination with authorities.

Anti-counterfeiting is not just a legal exercise but a long-term business strategy. As Roxana Segura noted, the objective is not simply to remove infringing products, but to change consumer behaviour over time through education and awareness. In practice, that can mean marketing campaigns that combined the efforts of the legal department, because the real competition is often not another brand but the counterfeit market itself.

Building enforcement into the business

Mercado Libre offered a strong example of how brand protection can evolve from confrontation to collaboration. The Latin America’s leading e-commerce platform has a Brand Protection Program that gives rights holders a structured way to report infringement and protect their IP. Paula Fernández Pfizenmaier’s message was that brands and platforms ultimately face a shared problem, which makes them part of the same solution as well.

The company’s scale also shows why IP protection has to be built into the business from the start. Mercado Libre operates across 18 countries, works with thousands of brand owners and has developed systems that combine reporting, sanctions, KYC controls and machine-learning-based detection to identify suspicious activity more proactively. Its approach reflects a broader regional trend: technology is becoming central to enforcement, but it is most effective when paired with human judgment and cross-border cooperation.

What businesses need to know

For companies considering expansion into Latin America, several lessons stand out. First, do not treat the region as a single market; local rules, consumer behaviour and enforcement realities vary widely. Second, invest in relationships with local counsel, platforms, customs authorities and trade associations, because brand protection is increasingly a team effort. Third, be creative: strategies that work in Europe or North America may need to be adapted to fit local market dynamics and consumer expectations.

The wider message is optimistic. Latin America is not a market to approach with fear, but with preparation, flexibility and long-term commitment. For brands that are willing to localize, collaborate and stay one step ahead, the region offers not only growth, but a real chance to build trust and durable market value.

Author: Crystal Lo


 

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