Amendment to Bill No. 2,210/2022 Aims to Safeguard Judicial Sovereignty in Patent Disputes

Senator Carlos Portinho introduced on May 27, 2026, the amendment #8 to Bill No. 2,210/2022, to safeguard the effective exercise of patent rights within Brazilian jurisdiction. Representing the State of Rio de Janeiro, Senator Portinho has emerged as a prominent voice in Brazil’s ongoing efforts to strengthen the country’s patent system and judicial sovereignty. Senator Portinho’s proposal reiterates his engagement with matters at the intersection of innovation and international dispute resolution. 

As a civil law country, Brazil does not have in its Statutes provisions allowing its judges to grant anti-suit, anti-anti-suit, or anti-interim license injunctions. However, in the last 15 years the number of anti-suit injunctions and interim licenses targeting decisions of Brazilian courts in patent cases have increased.

Brazil has always honored international judicial cooperation and comity with other nations, as a party to the main conventions regarding the recognition and enforcement of foreign measures. The country enforces foreign arbitral awards under the 1958 New York Convention; execute letters rogatory and letters of request coming from foreign judicial authorities, including requests on the taking of evidence and discovery orders originating from United States courts, under the 1970 Hague Evidence Convention.

The proposed amendment adds a new Paragraph 3 to Article 209 of the Brazilian Patent Statute (Statute #9,279/1996). If a party requests a foreign authority to prevent or stay a lawsuit in Brazil, or otherwise to interfere with the effectiveness of a Brazilian judicial decision, the presiding judge may: (i) suspend the business activities of a company and of all entities belonging to the same economic group in Brazil, until the foreign act or decision remains in force; (ii) impose two cumulative fines, one reverted to the harmed party and another payable to the court's fund, each set at no less than double the total amount of any penalty imposed by the foreign authority on the harmed party; together, the fines amount to more than four times the penalties ordered abroad and; (iii) impose penalties for contempt of court, as provided under the Code of Civil Procedure (Statute #13,105/2015), including barring the party from acting in the case until the contempt has been purged.

These measures introduce targeted mechanisms to deter and respond to foreign anti-suit and interim licenses that interfere with or seek to neutralize proceedings before Brazilian courts. It reinforces the authority of Brazilian courts over disputes involving patents granted by the Brazilian PTO (INPI) within the Brazilian territory. In doing so, it aligns Brazil with an increasingly consolidated international movement among leading jurisdictions seeking to protect their legal systems against undue extraterritorial interference.

Senator Portinho’s initiative is particularly relevant to industries highly dependent on patent protection, including telecommunications, electronics, pharmaceuticals, and agrochemicals. By addressing risks associated with the abusive use of foreign anti-suit injunctions and interim licenses, the amendment aims to preserve legal certainty and ensure that rights granted under Brazilian law remain fully enforceable by Brazilian courts within the national territory.

More broadly, this legislative effort contributes to strengthening investor confidence in Brazil’s innovation ecosystem. By reaffirming the country’s commitment to judicial independence and the territorial integrity of patent rights, the proposal sends a clear signal to global innovators that Brazil is actively enhancing the predictability and resilience of its intellectual property system.

Senator Carlos Portinho holds a law degree from one of Brazil’s most respected universities and has built an extensive career spanning both public service and private practice. Over the course of his public career, he held senior positions within the Housing and Environment Secretariats, where he was directly involved in the formulation and implementation of public policies of significant institutional and social impact. In parallel, he developed a successful private legal career as an attorney at one of the country’s most prestigious law firms, a background that informs his technically grounded and pragmatic approach to complex legislative and regulatory matters.

The original Portuguese version of the amendment #8 is available here, and its English translation is also available here. 
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