A recepção das obrigações FRAND pelo ordenamento jurídico brasileiro

FRAND (fair, reasonable and non-discriminatory) obligations are licensing commitments voluntarily undertaken by holders of standard-essential patents (SEPs) before standard-setting organizations. Although their legal effects are recognized by foreign courts and the matter is already being addressed by Brazilian courts, such obligations have no specific legislative regulation under Brazilian law. This paper investigates how the FRAND commitment is received by Brazilian civil law. It argues that, absent specific rules, the FRAND declaration constitutes a valid legal transaction whose interpretation in accordance with good faith and market usages renders it irrevocable, while objective good faith and the prohibition of contradictory conduct operate as limits on the patent holder’s conduct. It concludes that Brazilian law has sufficient tools to give effect to the FRAND commitment, albeit through general private-law categories rather than a specific legislative framework.