Brazil’s Administrative Council for Economic Defense (CADE) has published Contribuições do Cade: Patentes Essenciais, examining Standard Essential Patents (SEPs) considering Brazil’s growing role in related global disputes. While few countries have SEP-specific laws, most rely on FRAND (fair, reasonable, non-discriminatory) licensing, good-faith negotiations, and antitrust principles.
CADE warns that “hold-out” tactics—delaying or avoiding licensing— by implementers can harm innovation more than “hold-up” by patent holders, and supports robust enforcement, including injunctions when warranted. At the same time, warns that excessive regulation could disrupt the balance between patent rights and competition.
