The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE)

A patent is an exclusive right granted to an inventor for disclosing to the public an innovative technical solution. It does not necessarily oblige the patent owner to exploit that invention. Rather, it provides the right to exclude others from making, using, selling, offering for sale, or importing the patented invention without the patent owner’s permission. For this reason, a patent is defined as an exclusionary right. There are cases in which patent owners don’t have a complete monopoly over a certain invention, for instance in the case when a compulsory license should be given to a party wishing to exploit the patented invention. A similar approach is taken for a Standard Essential Patent (SEP). A SEP is a patent which discloses and claims an invention that is technically

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Roberto Dini, The EU Court of Justice sets out specific requirements with which an SEP holder needs to comply in order to be able to seek an injunction without abusing its dominant position (Huawei / ZTE), 16 July 2015, e-Competitions Bulletin July 2015, Art. N° 85452

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