According to an analysis published by JOTA, the retirement of Justice Luís Roberto Barroso from Brazil’s Supreme Federal Court (STF) in October 2025 has intensified discussions about the Court’s future composition and its role in shaping intellectual property (IP) law in the coming years.

Intellectual property has long held constitutional status in Brazil. Since the 1824 Constitution, Brazilian law has recognized exclusive rights over inventions and creative works as a tool to promote development. Under the 1988 Federal Constitution, IP is expressly protected in Article 5, items XXVII, XXVIII, and XXIX, covering copyrights, related rights, patents, trademarks, and trade names, while also intersecting with principles such as free enterprise, competition, consumer protection, and the social function of property.

This constitutional framework grants the STF, as a court of last resort, authority to rule on IP-related disputes and to assess the constitutionality of legislation governing the Brazilian IP system.

The legacy of ADI 5.529

As highlighted by JOTA, a key milestone was the 2021 judgment of ADI No. 5.529, in which the STF declared unconstitutional the provision of the Industrial Property Law that allowed automatic patent term extensions. The ruling significantly reshaped Brazil’s patent regime after more than 25 years and retroactively affected thousands of granted patents.

While the decision enhanced legal certainty, it also reignited debates over structural challenges at the Brazilian Patent and Trademark Office (INPI), including persistent examination delays and the need for institutional strengthening. These issues remain under discussion in both the courts and Congress.

IP cases expected in 2026

Looking ahead, JOTA points to major IP cases likely to reach the STF’s docket in 2026. One is Extraordinary Appeal No. 1,266,095 (Theme 1205), involving the long-standing dispute between Gradiente and Apple over the “iPhone” trademark and the legal consequences of delays in trademark examination.

Another high-profile case is Extraordinary Appeal No. 1,542,420 (Theme 1403), concerning copyrights and digital exploitation of musical works. The case involves singer Roberto Carlos and the estate of Erasmo Carlos and challenges the scope of contracts executed decades ago in light of modern digital platforms. The STF has already recognized the matter as having general repercussions, and its ruling may affect contractual practices across multiple IP-driven industries.

According to JOTA, these decisions are expected to play a decisive role in shaping Brazil’s intellectual property landscape, influencing business strategies, regulatory policies, and rights enforcement in the years ahead.