China, FRAND, Infringement, Patents, SEP

(City, University of London) and (LL.M Gujarat Maritime University)/

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…

European Union, FRAND, SEP

(City, University of London), (Universidad Pompeu Fabra, Barcelona), and (LL.M Gujarat Maritime University)/

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…

China, FRAND, SPC

(City, University of London) and (LL.M Gujarat Maritime University)/

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…

European Union, FRAND, SEP

(City, University of London) and (Christ University Bangalore)/ /1 Comment

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…

China, EPO, European Union, FRAND, PCT, SEP, TRIPS

(City, University of London) and (West Bengal National University of Juridical Sciences)/

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….

Case Law, FRAND, India, SEP

(City, University of London) and (Advocate, Bar Council of Rajasthan, India)/

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…

European Union, FRAND, Legislation, SEP

(City, University of London) and (LL.M Gujarat Maritime University)/ /3 Comments

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 satisfy 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…

FRAND, Injunction, SEP, United Kingdom

(City, University of London) and (LL.M Gujarat Maritime University)/ /1 Comment

The past decade has witnessed a sharp increase in litigation over standard essential patents (SEPs) around the world. National courts in several countries including UK have ruled they can set global FRAND rates, the Unwired Planet case in UK being a notable example. This approach is controversial and has sparked debates over the ability of…

Case Law, FRAND, SEP, United Kingdom

(City, University of London) and (National University of Juridical Sciences, Kolkata)/

Recently, the decisions of courts in the United Kingdom (UK) in Unwired Planet v Huawei Technologies (Unwired Planet) and Optis Cellular Technology v Apple (which followed the decision of the UK Supreme Court in Unwired Planet) have given rise to significant debate over the appropriate forum for litigation of disputes in relation to standard essential…

Japan, SEP

(City, University of London), (Hokkaido University, Japan), and (University School of Law and Legal Studies, New Delhi)/

Back in 2021 the Competition Enhancement Office and the Intellectual Property Policy Office at the Japanese Ministry of Economy, Trade and Industry (METI) established the “Study Group on Licensing Environment of Standard Essential Patents”. Various experts and corporate actors joined this group and reviewed the international environment surrounding SEP licensing negotiations and further discussed the…