Boa-fé na negociação FRAND em litígios de patentes essenciais: governança interna e prova documental no padrão europeu

This article examines the duties of conduct and evidentiary elements that determine good faith in FRAND licensing negotiations for standard essential patents. The analysis excludes royalty valuation and focuses on the internal governance capable of generating a verifiable documentary trail. Drawing on doctrinal analysis and a qualitative review of Huawei v. ZTE and selected European decisions, the article proposes, in the absence of a practice by our Courts, an evidence protocol and a compliance matrix for both SEP holders and implementers, with practical implications for disputes connected to Brazil.