Enforcing SEPs in the EU
Published: 2/2/16
Publication: Lexology
THE 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 George report on the detail of the case.
Abstract: The Huawei v ZTE preliminary reference to the CJEU concerns the question of when, if at all, […]
Japan Fair Trade Commission Publishes Amended Antitrust/IP Guidelines
Published: 2/2/16
Publication: Comparative Patent Remedies
Kaori 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 version to the final version, it appears that the final version includes the very same language found in the draft in what is now subpart (e) to […]
Global antitrust in 2017 – IP and antitrust
Published: 2/1/17
Publication: 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 acutely interested in matters arising at the interface of IP and competition law.
Recent enforcement in the sphere of standard essential patents (SEPs) and pharmaceuticals, in particular, […]
Intellectual Property meets Antimonopoly law in Japan
Published: 2/1/16
Publication: IPKat
The 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 JFTC approach cases involving standard essential patents in patent litigation (the JFTC’s official English translation of the amended Guideline is viewable here).
According to […]
Despite bias concerns, Chinese courts tow a similar line to their US counterparts on FRAND rates
Published: 2/1/15
Publication: 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. While there is a feeling among many non-Chinese businesses that the system is protectionist and biased in favour of local entities, there is at […]
Japan’s Two FRAND Cases
Published: 1/11/16
Publication: Comparative Patent Remedies
The 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.)