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NEC wins Brazilian preliminary injunction against HMD based on expert report: HMD could settle through Via pool license

February 9, 2026

Brazil is now one of the leading standard-essential patent (SEP) and generally patent jurisdictions in the world (see, e.g., this February 6, 2026 ip fray article on sanctions and this February 4, 2026 ip fray article on ZTE’s appellate victory over Samsung).

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InterDigital posts record smartphone revenue in 2025

February 6, 2026

InterDigital earned $834 million revenue in 2025, including a record level of smartphone revenue at $678.9 million (14% more than 2024), says its earnings release. Earnings fell by 4% year-over-year, but this was because 2024 brought large catch-up revenue from licences with Samsung TV, OPPO and Lenovo. Adjusted EBITDA for the year was $588.9 million with 71% margins.

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ZTE defeats Samsung again as Brazilian appeals court reinstates 5G injunction, declines to give Samsung “free pass to infringe” and hold out

February 4, 2026

ZTE has already scored a couple of very significant court wins over Samsung. It became the first standard-essential patent (SEP) holder to win a UK interim-license appeal (October 31, 2025 ip fray article); through a Munich injunction, it got Samsung to withdraw its complaint with the European Telecommunications Standards Institute (ETSI: October 16, 2025 ip fray article); and last week a U.S. federal judge threw out Samsung’s FRAND (fair, reasonable and non-discriminatory licensing) contract and antitrust case in the Northern District of California (January 30, 2026 ip fray article).

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Prosecution history estoppel in Brazil: is it an issue?

January 30, 2026

Prosecution history estoppel (PHE), also known as file wrapper estoppel, is a legal principle relevant to defining the scope and limitations of the doctrine of equivalents in patent infringement disputes. The doctrine of equivalents allows patentees to act against non-literal infringement, where an accused product or process differs only in trivial or non-relevant ways. This way, third parties cannot avoid the liability of infringing a patent after performing modifications that would not lead to substantial changes, bearing that the concept of what would be relevant or not is another very rich discussion. PHE, in turn, can restrict the patentee’s right by deterring it from applying the doctrine of equivalents to recover subject matter removed from the literal scope of a claim during the prosecution. Approaches vary by jurisdiction, including the weight given to prosecution history in claim construction.

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Chambers Global Practice Guides: Life Sciences & Pharma IP Litigation 2026

January 29, 2026

2025 saw certain developments that have bolstered Brazil’s role as a relevant jurisdiction in life sciences and pharma litigation. By reflecting on the milestones achieved in 2025, this article hopes to provide an accurate outlook for trends in the sector in 2026.

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Infração de Patente: limites da licitude de atos preparatórios de terceiros e as exceções bolar e do uso experimental

December 18, 2025

À medida que o prazo de proteção patentária se aproxima do fim, surge uma zona de tensão jurídica e econômica: de um lado, o titular ainda detém o direito de impedir o uso não autorizado; de outro, agentes de mercado começam atos preparatórios para a livre exploração da tecnologia após o término da vigência da exclusividade.

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How UK extraterritorial decisions are undermining Brazilian judicial sovereignty and violating TRIPS

November 3, 2025

The extraterritorial reach of British courts in patent litigation breaches Brazilian sovereignty and the independence of patents as envisaged by the Paris Convention for the Protection of Industrial Property and the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Anti-suit injunctions (ASIs) and interim licences reaching patents granted under Brazilian law, valid only within national borders, violate comity and exceed the limits of sovereignty.

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From appeal to re-examination: impacts of new Brazilian patent rules

October 7, 2025

On March 8 2024, the Brazilian Patent and Trademark Office (BRPTO) published Ordinance No. 10/2024, which outlines the guidelines for processing appeals and other procedures. One key change in the appeal process is that if the Board of Appeals determines that the first instance failed to conduct a complete or thorough technical analysis, the case must be remanded to the first instance for further examination – referred to herein as re-examination.

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China's innovation in Brazil: strong patent protection and enforcement

September 12, 2025

As China deepens its global innovation footprint, Brazil has emerged as one of the most strategic destinations for its enterprises. Combining economic scale, political alignment, and a maturing intellectual property (IP) system, the country offers a unique environment for Chinese companies to expand and protect their technologies.

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A bright future for Brazil

August 28, 2025

Brazil, currently ranked as the world’s 10th largest economy with an estimated nominal GDP of US$2.2 trillion in 2024, represents approximately 2% of global GDP.

Beyond these figures, Brazil stands out as one of the world’s most attractive and dynamic markets across several key economic sectors, making it an increasingly vital jurisdiction for IP protection.

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ABOUT US

Licks Attorneys Compliance’s Blog provides regular and insightful updates about Ethic and Compliance. The posts are authored by Alexandre Dalmasso, our partner. Licks Attorneys is a top tier Brazilian law firm, specialized in Intellectual Property and recognized for its success handling large and strategic projects in the country.

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Licks Attorneys' COMPLIANCE Blog

The action plan for Portugal's digital strategy

The digital age is not just an option but an inescapable reality, redefining societies, economies, and governments. Recognizing this, Portugal has reinforced its commitment to digital transformation, culminating in the approval of Council of Ministers Rule #214/2025 on December 29, 2025. This legal instrument is far more than a bureaucratic formality; it is the cornerstone of a future where technology serves as a catalyst for progress and well-being. Through this Resolution, Portugal has approved the 2026-2027 Action Plan of its National Digital Strategy (EDN – Estratégia Digital Nacional), as reported by the news outlet Sapo.pt. This plan is an ambitious yet pragmatic roadmap designed to achieve significant goals by 2030, with one clear objective: to position the country among Europe's leaders in digital transformation. The goal is to promote a transition that is not only technologically advanced but also deeply inclusive, sustainable, and ethical.

The action plan for Portugal's digital strategyRead Full Article

The Railway Statute in Brazil

The Brazilian railway sector, historically challenged by inadequate infrastructure, bureaucratic hurdles, and an overreliance on road freight transport, has long needed a regulatory framework to unlock its true potential. Statute #14,273 of December 23, 2021, governing rail transport, represents a watershed moment. Known as the “New Railway Statute,” it emerged from extensive debate in the National Congress with a promise to modernize the sector's legal foundations, attract substantial private investment, and spur the development and expansion of the national rail network.

The Railway Statute in BrazilRead Full Article

The European Commission's adequacy decision for Brazil

The protection of personal data has become a central issue in the global legal and technological landscape. With the increasing digitalization of the economy and the cross-border flow of data, harmonizing legislation and recognizing equivalent levels of data protection between countries are fundamental steps to ensure legal certainty and the smooth operation of international commerce. The European Union's recent decision to recognize Brazil as a country with a level of personal data protection “essentially equivalent” to its own represents a significant milestone in this regard.

The European Commission's adequacy decision for BrazilRead Full Article

Regulation of artificial intelligence in law

Artificial intelligence (AI) represents one of the most profound technological revolutions in recent history, with the potential to redefine society, the economy, and human interactions. Its ability to process large volumes of data, identify complex patterns, and perform tasks once exclusive to the human mind has generated transformative impacts across multiple sectors. From medicine, with more accurate diagnoses, to industry, with process optimization, AI is reshaping the way we live and work. At the epicenter of this transformation, the legal sector stands out as a particularly fertile ground for AI applications and, consequently, for AI regulation.

Regulation of artificial intelligence in lawRead Full Article

European Union decision reignites debate over illegal content on social media

Last Friday, October 24, The Guardian published an article alleging that Meta Platforms Inc. had violated European Union (EU) law. The story was significant not only because it involved one of the world's largest companies, which controls giants like Facebook, Instagram, and WhatsApp, but also because it reignited the debate over social networks' responsibility to control illegal content on their platforms.

European Union decision reignites debate over illegal content on social mediaRead Full Article

Regulation of artificial intelligence in Brazil and worldwide

Regulations on Artificial Intelligence (AI) are developing rapidly around the world, reflecting growing concerns about the technology's ethical, social, economic, and security impacts. Different regions have adopted distinct approaches, influenced by their cultural, political, and economic priorities, in an effort to balance innovation with public protection.

Regulation of artificial intelligence in Brazil and worldwideRead Full Article

Brazil’s Superior Court of Justice ratifies joint and several liability in Brazilian Anti-Corruption Act

The Brazilian Anti-Corruption Act (Law #12,846/2013) represents a fundamental milestone in Brazil's fight against corruption by establishing, among other provisions, the objective liability of legal entities for acts harmful to the public administration.

Brazil’s Superior Court of Justice ratifies joint and several liability in Brazilian Anti-Corruption ActRead Full Article

The Uruguayan Dignified Death Act

As reported by Veja magazine, the Uruguayan House of Representatives approved the Dignified Death Act on August 13, 2025, by a vote of 64 to 29, paving the way to legalize euthanasia in the country. The bill will now proceed to a vote in the Senate before it can take legal effect.

The Uruguayan Dignified Death ActRead Full Article

Understanding the National Security and Investment Act

The global technological and geopolitical landscape has been rapidly evolving, highlighting a growing concern among nation states about protecting their strategic interests and economic sovereignty. Given this accelerating technological advancement and the critical importance of certain sectors to countries’ sustained growth, the United Kingdom – an open economy reliant on foreign investment – is no exception.

Understanding the National Security and Investment ActRead Full Article

SEC has record financial penalty collection in 2024

The US Securities & Exchange Commission (SEC) announced in early December, according to The Wall Street Journal, record-breaking year for financial penalty collections in 2024.

SEC has record financial penalty collection in 2024Read Full Article

Australia to ban minors from accessing social media

One of the biggest concerns for parents in the modern world is their children's use of social media. Depending on how they are used, social media can become a huge headache for parents and their children tend to be the most vulnerable part in this unfiltered environment, where a world of discoveries is just a click away.

Australia to ban minors from accessing social mediaRead Full Article

Do you know what the No Surprises Act is? Understanding its importance

The No Surprises Act is a prime example of legislation in a country where the legal system is based more on case law than statutes. While Brazil’s legal system originates from Civil Law, the United States follows Common Law. However, U.S. laws are often very well-drafted, especially in terms of their applicability. In this context, it is important to consider the role of the judiciary, which operates under the punitive principle, unlike Brazil's compensatory system, which is less effective.

Do you know what the No Surprises Act is? Understanding its importanceRead Full Article

SEC Combats Corporate Retaliation Against Whistleblowers

Since the Dodd-Frank Act was enacted in the United States in 2010, the role of whistleblowers has proven crucial in helping authorities prevent fraud, bribery, and other legal violations. This is because the government lacks the personnel and resources to efficiently monitor the market on its own.

SEC Combats Corporate Retaliation Against WhistleblowersRead Full Article

The Brazilian Medical Association Intervenes in the Relationship between Physicians and the Pharmaceutical and Medical Products Industry

A significant concern in the healthcare sector is the potential conflict of interest between the pharmaceutical and medical products industry and healthcare professionals, particularly physicians. This potential conflict arises from the unique nature of the relationship: while the industry’s end customer is the patient, it is the physician who decides which product the patient will use. At the same time, patients pay physicians to prescribe the best treatment for their well-being.

The Brazilian Medical Association Intervenes in the Relationship between Physicians and the Pharmaceutical and Medical Products IndustryRead Full Article

A Decision by the Brazilian Superior Court of Justice Sets Precedent in the Advertising of Medicines

The First Panel of the Brazilian Superior Court of Justice unanimously decided, under the report of Justice Regina Helena Costa, in the appellate decision on Special Appeal #2035645/DF, that Anvisa (the Brazilian FDA) does not have the regulatory authority to restrict the commercial advertising of pharmaceuticals by companies. This applies especially when its regulatory actions contradict the provisions established in Law #9,294/1996 and other legislative acts.

A Decision by the Brazilian Superior Court of Justice Sets Precedent in the Advertising of MedicinesRead Full Article