A solução de controvérsias no sistema de proteção jurídica de patentes essenciais a padrão de tecnologias de informação e comunicação no judiciário do Brasil

This article examines the legal treatment of Standard Essential Patents (SEPs) in the field of information and communication technologies (ICTs) within the Brazilian judicial system, with particular emphasis on disputes involving standards such as 5G and HEVC. It starts from the premise that SEPs protect technologies that are indispensable for the implementation of technical standards and, therefore, must be licensed under FRAND terms (fair, reasonable, and non-discriminatory) so as to reconcile patent exclusivity with competition law, technological interoperability, and the public interest. The study analyzes Brazilian case law and procedural practice regarding issues such as patent infringement, patent invalidity, jurisdiction, injunctive relief, confidentiality, and technical evidence, highlighting the increasing specialization of the business courts of Rio de Janeiro in SEP-related litigation. It identifies a judicial trend toward requiring more robust proof of patent essentiality, infringement, and compliance with FRAND licensing obligations. By comparing the Brazilian experience of the JVC v. Multilaser and Hisense (2025) with a foreign reference, especially the precedent Huawei v. ZTE (2015), the article concludes that the adequate resolution of disputes involving SEPs requires a balance between valid patent exclusivity, legal certainty, good business faith, competition and technological development.