Standard Essential Patents (SEPs) are at the heart of global technology markets, particularly in 4G/5G communications. While SEPs ensure interoperability, they also raise significant licensing challenges. As is known, to curb potential abuses, SEP holders must commit to licensing their patents on FRAND terms. However, determining what qualifies as “fair” and “reasonable” remains contentious. This…
Back in January 2025, the EU initiated consultations at the World Trade Organization (WTO) to challenge the practice of Chinese courts to unilaterally set binding global royalty rates for non-Chinese standard essential patents (SEPs) without the consent of the parties to the litigation. According to the EU Commission press release, this unfairly pressures European high-tech…
In another standard essential patents (SEPs) case from the Unified Patent Court (UPC), on 18 December 2024 the Munich Local Division (LD) issued an injunction in favour of Huawei (UPC_CFI_9/2023, available in German here). The order prohibited Netgear from selling Wi-Fi 6 routers in Belgium, Germany, Italy, Finland, France, and Sweden. Netgear is also required…
In July 2023, the Japanese electronics company Panasonic initiated a series of patent infringement and FRAND-related proceedings against several subsidiaries of the Chinese consumer electronics maker Oppo (and in parallel against another Chinese company, i.e. Xiaomi), at the local divisions of the Unified Patent Court (UPC) in Mannheim and Munich (*). Panasonic’s suit targeted Oppo…
The 2015 landmark decision by the Court of Justice of the European Union (CJEU) in Huawei/ZTE established a balanced framework for licensing standard essential patents (SEPs), striking a compromise between the interests of SEPs holders and implementers. The ruling notoriously clarified when SEP holders can seek injunctions without abusing their dominant market position. It stated…
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…
