SEP

Standard Essential Patent

(Cross-border) jurisdiction, European Union, FRAND, Germany, Patents, SEP, Unitary Patent, United Kingdom, UPC

(Hoffmann Eitle)/ /1 Comment

Following up on Thorsten’s blog post yesterday, I report on the second day of the Oxviews 9th Intellectual Property and Competition Forum, which took place in the Justizpalast in Munich on 19 June. This impressive building deserves the name Palast (in English “Palace”), and was a fitting venue for this meeting of thought leaders in…

(Indirect) infringement, FRAND, Infringement, Injunction, Procedure, SEP, United Kingdom

(Bristows)/

On the 23 May 2024, the English Patents Court dismissed an application by Lenovo for an interim injunction to prevent Ericsson infringing one of Lenovo’s patents pending the outcome of the UK proceedings ([2024] EWHC 1267 (Ch)). In particular, the Court found that the application failed on the basis that damages are an adequate remedy…

FRAND, SEP, WIPO

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

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…

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

, , , (De Brauw Blackstone Westbroek)/ /2 Comments

The proposal of the European Commission on the Regulation of SEP’s (the “Proposal“) has elicited criticism from various sides, including patent attorneys and lawyers, law professors, the government of the Netherlands and Finland, prominent UPC judges (see here and here), the president of the EPO and leading SEP holders (such as Nokia and Qualcomm). The…

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…

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….

Brazil, Patents, Pharma, SEP

(RNA Law) and (Licks Attorneys)/

On October 24, 2023, the Brazilian government released an Action Plan aiming at fostering the National Intellectual Property (IP) Strategy. The plan was prepared by the Interministry IP Group ( a group created in 2019 to coordinate the federal government activities in the field of intellectual property. Thirteen Ministries form part of GIPI, and the…

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…