Brazil is an increasingly relevant venue for litigation involving standard essential patents (SEPs). As a top-5 market in the world for consumer electronics and the most performing economy in Latin America, Brazil is indeed an important country for players in tech. Think of X (formerly “Twitter”), which has recently been banned in Brazil for failing…
Blurring the edges between reality and make-believe, the Metaverse is part of an aspirational Web 3.0, characterised by certain features including an immersive 3D virtual space, interoperability, and real-time operation. While there is no consensus on its definition, certain foundational technologies such as AI (artificial intelligence) and XR (extended reality), which includes VR (virtual reality),…
In 2021 WIPO developed the Medium Term Strategic Plan (MTSP) (2022-2026) to support global innovation and creativity – and last month, two years into the plan’s implementation, it released its Strategy on Standard Essential Patents (SEPs) (2024-2026) to supplement the MTSP in achieving its goals under the SEP framework. The WIPO’s SEP strategy is based…
In December 2023, the Supreme People’s Court (SPC) of China found that Chinese consumer electronics manufacturer Oppo was responsible for infringing six Chinese standard essential patents (SEPs): 99813601.8、00815854.1、99813602.6、99813640.9、01803954.5 and 99813641.7, all related to the adaptive multi-rate wideband standard (AMR-WB) which includes audio, cellular communication, and broadband technologies. More importantly, the court established the royalty rate…
The potential of Standard Essential Patents (SEPs) in driving the ecological transition poses a compelling question. Could these patents be instrumental in fostering innovative technologies and ensuring interoperability of products that are key to the ecological transition? Indeed, within the framework of the European Green Deal, which aims for a climate-neutral Europe by 2050, the…
On 4th December 2023, the Intermediate People’s Court of Chongqing Municipality in China handed down its FRAND determination in the global 5G patent licensing dispute between patent owner Nokia and the Chinese implementer Oppo. The Finnish multinational has already confirmed that it will appeal the decision, which marks the first time a court has issued…
The European Commission’s proposed Regulation to regulate standard essential patents (SEPs) in the EU has been a subject of much debate. Its explanatory memorandum sets forth its aim, including to ensure that “end users” (which includes small businesses and EU consumers) derive advantage from products that incorporate SEPs, at reasonable prices. Specifically, the proposed Regulation…
A judicial and academic debate on standard essential patents (SEPs) in China has recently arisen. The issuance of anti-suit injunctions (ASIs) by Chinese courts in a relatively short period of time (between 2019 and 2020) and the ensuing TRIPS/WTO dispute between the EU and China over the TRIPS compatibility of such ASIs, exemplify such debate….
An earlier post on case law on Standard Essential Patents (SEPs) in India looked at decisions published until 2021. This very comment updates the analysis by covering more recent cases occurred in the latest two years, specifically focusing on the availability of interim injunctive relief for SEP owners and FRAND terms. In the recent proceedings…
EU institutions have recently paid attention to Standard Essential Patents (SEPs) and how the SEPs framework could be improved to encourage innovation while also promoting competition and satisfying consumers’ interests. In its 2020 Intellectual Property Action Plan on IP, for example, the Commission stressed the need to set the right conditions for a transparent, predictable,…
