Something fascinating has happened in (SEP) enforcement. Brazil, long considered a secondary market for high-stakes technology litigation, has forcefully entered the main stage. As one of the planet’s largest digital economies, it has always been a prize, but now its legal system is catching up, creating a potent and, at times, volatile mix for patent holders and implementers alike. The specialized IP courts in Rio de Janeiro, in particular, have become a global hotspot for high-stakes tech disputes, especially in the 4G and 5G space.
This isn’t your typical academic overview. My goal here is to offer a pragmatic, boots-on-the-ground view of how Brazilian courts are really handling these cases. We’ll dive into what’s happening with FRAND (fair, reasonable, and non-discriminatory) licensing defenses, where the real antitrust risks lie, and what patterns are emerging that will likely define the landscape in 2026. It’s crucial to understand that Brazil hasn’t written a special rulebook for SEPs. Instead, judges are applying the existing Industrial Property Law and the Civil Procedure Code with a rapidly growing sophistication. From what I’ve seen, success in these courts has little to do with shouting “hold-up” or “hold-out” and everything to do with the evidence: who was willing to negotiate, what was offered, and how well you can justify your actions to a Brazilian judge.
