CASE COMMENTS: UNILATERAL PRACTICES - STANDARD ESSENTIAL PATENTS (SEPS) – FRAND TERMS – ACTIONS FOR INFRINGEMENT
Essential patents : The Court of Justice of the European Union specifies the conditions of an infringement action concerning an essential patent (Huawei Technologies, ZTE)
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It is not very common for a Chinese company to take action for infringement of one of its patents against a European company. That was, however, the case in the dispute which led the Landgericht Düsseldorf to refer to the Court for a preliminary ruling a new question concerning a particular case of misuse of intellectual property rights. Huawei Technologies, the Chinese company (which is part of a world-scale group) holds a series of patents which are essential to a standard adopted by ETSI (the European body responsible for adopting technical standards in the field of telecommunications). The European patent at the centre of the case had been recognised by
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