Patentes essenciais e o direito de exclusividade: a inadequação da tutela inibitória

This article argues that injunctive relief, although traditionally regarded as the primary mechanism for protecting patents, is ill-suited to disputes involving standard-essential patents (SEPs). It contends that the incorporation of a technology into a technical standard eliminates the de facto exclusivity of exploiting the invention, replacing the logic of exclusion with one of licensing on fair, reasonable, and non-discriminatory (FRAND) terms. Based on an interpretation of the Brazilian Federal Constitution, the Brazilian Industrial Property Law, and Competition Law, the article argues that the protection of SEPs should prioritize compensatory and remuneration-based remedies rather than judicial measures capable of excluding implementers from the market. The study examines the legal nature of SEPs and the purpose of injunctive relief under Brazilian civil procedure. It concludes that the most appropriate form of specific relief is to ensure the payment of FRAND royalties, together with compensatory remedies, thereby preserving industrial property rights, competition, interoperability, and technological development.