The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE)

This article has been nominated for the 2016 Antitrust Writing Awards. Click here to learn more about the Antitrust Writing Awards.

Background A Scattered European Landscape There is considerable inconsistency as to the availability of injunctive relief in relation to FRAND-obligated SEPs in the European Union. Whilst courts in the UK have yet to award an injunction on an SEP (and are seen as highly unlikely to do so), the courts in the Netherlands and France have issued injunctions more readily. In Germany, meanwhile, the courts have applied the Orange Book Standard framework [1] meaning that a FRAND defence can only defeat a claim for an injunction if an unconditional and binding offer to enter into a licence agreement is made to the patent owner, on terms which could not be refused by the patent owner without being unfair or discriminatory. Notably, these terms require the implementer to waive its right to

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Allen & Overy (London)

Quotation

Antonio Bavasso, The EU Court of Justice holds standard-essential patent owner can abuse its position by seeking to enjoin infringement and sets out specific requirements (Huawei / ZTE), 16 July 2015, e-Competitions July 2015, Art. N° 79668

Visites 198

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues