Up until the mid-90s, Brazil had no patent litigation. The only time Brazil was in the news for patent affairs was when the Office of the United States Trade Representative (USTR) released its annual Special 301 Report on the adequacy and effectiveness of U.S. trading partners’ protection and enforcement of IP. Brazil was always added to the “watchlist” (this year, the EU was added to the watchlist: April 30, 2026 USTR 301 release).
But in recent years, Brazil has established itself as a go-to jurisdiction for patent enforcement. This is evident in the way Brazilian judges have become more outspoken on the global standard-essential patent (SEP) litigation stage (May 13, 2026 ip fray article), and the world’s largest patent owners and patent pools have emphasized that the country is an increasingly crucial part of their enforcement strategies (August 18, 2026 ip fray article).
Last month, the country surpassed 100 ICT patent infringement cases. A complete 360-degree turn in less than three decades.
To discuss the road to these 100 cases, which mostly (68%) involved SEPs in the telecom and video spaces, ip fray spoke with Otto Licks, one of the founding partners of Licks Attorneys (ip fray firm profile), the firm responsible for filing all of those assertions, and which turned 15 years old today.
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