Patentes Essenciais a Padrões (SEP) e licenciamento FRAND: entre a exclusividade patentária e a governança da inovação tecnológica

Standard Essential Patents (SEPs) play a strategic role in sectors that depend on interoperability, such as telecommunications, the Internet of Things, and artificial intelligence. Unlike conventional patents, they become indispensable for the implementation of widely adopted technological standards. In this context, FRAND commitments seek to reconcile patent exclusivity with access to essential technologies. This article examines the interaction between intellectual property, technological standardization, and FRAND licensing, arguing that the SEP/FRAND system constitutes a contemporary form of polycentric innovation governance. It also analyzes the role of standard-setting organizations, courts, competition authorities, and the challenges faced by Brazil in the digital economy.