Published: 2/2/16Publication: LexologyTHE CASE: Huawei Technologies Co. Ltd v ZTE Corp; ZTE Deutschland GmbH Court of Justice of the European Union 20 November 2014 Advocate General Wathelet has advised the CJEU on the application of competition law to the seeking of injunctions for FRAND-encumbered patents. Pat Treacy and David [...]
Published: 2/2/16Publication: Comparative Patent RemediesKaori Minami published a short post on the IPKat yesterday about the JFTC's release of its amended Guidelines for the Use of Intellectual Property under the Antimonopoly Act. Readers may recall that I blogged about the draft amendments in a post last July. Comparing the draft [...]
Published: 2/1/17Publication: Lexology"Rewards for innovation through the existence and protection of intellectual property (IP) rights are crucial in today’s technology-based economy, which is highly dependent on R&D. Exclusive rights conferred by patent law can, however, create tensions with goals pursued by competition laws. Indeed, competition agencies across the globe are [...]
Published: 2/1/16Publication: IPKatThe Japan Fair Trade Commission (‘JFTC’) have recently released an amendment to the “Guidelines for the Use of Intellectual Property under the Antimonopoly Act” after receiving over 50 opinions during the public consultation in July-August last year. The amendment is aimed to address the issue of how the [...]
Published: 2/1/15Publication: IAM Magazine"In the wake of the US$975 million fine and other sanctions for anti-competitive patent licensing activities imposed on Qualcomm by the Chinese authorities earlier this month, there has been a surge in discussion about the country’s burgeoning antitrust framework and how it will impact on patent owners. [...]
Published: 1/11/16Publication: Comparative Patent RemediesThe September 2015 Issue of AIPPI-Journal of the Japanese Group of AIPPI has two articles that may be of particular interest to readers of this blog. (To my knowledge, however, neither article is available online.) Read More
Published: 1/10/17Publication: ACT | The App Association"On Wednesday, December 28, 2016, the Korea Fair Trade Commission’s (KFTC) Anti-Monopoly Bureau issued a decision imposing sanctions against Qualcomm Incorporated (Qualcomm) in the amount of 1.03 trillion Korean Won (approximately $865 million USD) for alleged violations of Korean competition laws. After conducting a comprehensive investigation [...]
Published: 1/10/16Publication: Wall Street JournalQualcomm Inc. asked a U.S. federal court to compel some of its biggest customers and competitors—including Apple Inc. and Samsung Electronics Co.—to hand over any documents they provided to South Korean antitrust authorities investigating the U.S. chip maker.Read More
Published: 1/9/17Publication: Lexology"The Marseille Commercial Court recently ruled that the sending of letters to the customers of a smartphone creator and seller warning them against possible infringement constituted offers for a fair, reasonable and non-discriminatory (FRAND) licence and was thus not considered unfair competition.(1) The case is the first French [...]
Published: 1/8/13In this joint statement, the U.S. Justice Department’s Antitrust Division and the Patent and Trademark Office addressed the benefits of collaborative standards development through standards organizations and the risks to competition associated with patent hold-up, which may occur after standardization. According to the statement, “when a standard incorporates patented [...]