Brazil’s business courts are becoming more technically rigorous in standard-essential patent disputes even as the country cements its reputation as a fast-moving injunction jurisdiction, Isabel Milman, a partner at Daniel Law in Rio de Janeiro, told MLex.
Brazil’s business courts have rapidly evolved into critical venues for standard-essential patent (SEP) litigation, issuing injunctions that shape global licensing negotiations and settlement dynamics.
But as judges in Rio de Janeiro place greater emphasis on expert analysis of essentiality and infringement, standard implementers are increasingly turning to São Paulo courts for declaratory relief.
That could prompt a rethink in strategy — for both sides.
“Injunctions are still being granted, especially in Rio, but not right away,” Daniel Law partner Isabel Milman told MLex this week.
Instead, she said some judges are waiting for court-appointed experts to weigh in prior to awarding relief, resulting in “a much more predictable environment for the parties.”
“Brazil is still very attractive,” she clarified, noting that “within six months you get an injunction, which is way faster than the UPC.”
The full interview is available here: Expert scrutiny reshapes standard-essential patent landscape in Brazil | MLex | Specialist news and analysis on legal risk and regulation