The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei)

The U.K. Supreme Court’s 26 August ruling on standard-essential patents (SEPs) is the latest in a series of recent decisions that are likely to have a profound effect on FRAND license negotiations across the globe, in particular for the next generation 4G and 5G mobile telecommunication licenses. [1] In a well-written judgment, the U.K. Supreme Court confirmed that English Courts have jurisdiction to set global FRAND rates and set disputed license terms and, along the way, provided important guidance on a number of FRAND-related issues, in particular the question of how to ascertain whether licensing terms are non-discriminatory. The Unwired Planet v. Huawei judgment comes just one month after the German Federal Court of Justice rendered its decision in Sisvel / Haier, which clarified

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Authors

  • Baker Botts (Brussels)
  • Baker Botts (Brussels)

Quotation

Paul Lugard, Daniel Vasbeck, The UK Supreme Court confirms that it is possible to set global FRAND rates and global licences to portfolios of standard-essential patents (Unwired Planet / Huawei), 26 August 2020, e-Competitions Intellectual property, Art. N° 96675

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