Published: 6/6/16Publication: International Law OfficeOn March 31 2016 the Competition Bureau released the revised IP Enforcement Guidelines, following an extensive public consultation process held in 2015 based on previous drafts released in 2014 and 2015 (for further details please see "Competition Bureau releases updated IP Enforcement Guidelines").Read More
Published: 6/6/16Publication: LexologyAs part of its Single Market Strategy, the Commission has announced that it will take steps to modernise the EU’s policy on standardisation. In particular, the Commission will launch a Joint Initiative on Standardisation to modernise, prioritise and speed up the delivery of standards by 2019. This initiative is [...]
Published: 6/6/12In its statement, the U.S. Federal Trade Commission urged the ITC to consider that “a royalty negotiation that occurs under threat of an exclusion order may be weighted heavily in favor of the patentee in a way that is in tension with the RAND commitment. High switching costs combined [...]
Published: 6/1/16Publication: Monckton ChambersOn Friday 27 May, the Court of Appeal handed down an important judgment on the interplay between competition law and the licensing of essential patents. This is part of a landmark patent infringement case where Unwired Planet, a “patent assertion entity” that has acquired from Ericsson certain [...]
Published: 6/1/16Publication: LexologyThe Ministry of Agriculture has recently issued a draft notification titled “Draft Licensing Guidelines and Formats for GM Technology Agreements” to effectively create a parallel system of compulsory license for genetically modified cotton technology. The intent behind the draft notification is to impose FRAND licensing obligations, i.e. obligations [...]
Published: 6/1/13This article discusses the problem of hold-up that is not the consequence of deception of a standard setting organization by a SEP holder, and whether this type of hold-up is reachable by Section 2 of the Sherman Act. The article shows that the reach of Section 2 is not [...]
Published: 5/12/16Publication: IAMAs the first major standards essential patent (SEP) disputes wend their way through India's court system, a ruling by the High Court of Delhi has made clear that this may well be the next jurisdiction where competition authorities will have their say as to what constitutes anti-competitive behaviour [...]
Published: 5/12/16Publication: LexologyA couple of weeks ago the Commission has published a Communication to a whole host of other EU institutions (including the Parliament and the Council as well as the ECSC and the Committee of the Regions), setting out its Information Communication Technology (ICT) standardization priorities [READ MORE]Read More
Published: 5/11/16Publication: Out-LawUnwired Planet has sued Huawei and Samsung over alleged infringement of standard-essential patents it acquired from Ericsson. However, it has faced counterclaims from Huawei and Samsung that it has breached EU competition laws by not seeking to licence those patents on fair, reasonable and non-discriminatory (FRAND) terms, something [...]
Published: 5/11/15Publication: FOSS PatentsOn Friday, Ericsson announced the filing of " suits in Germany, the United Kingdom and the Netherlands against Apple's products" because negotiations in a global patent license have not resulted in a deal in more than two years but Apple "continues to sell products, for which its [...]