Digital Economy - The State of the Debate
Abstract
This new paper first summarizes the Huawei judgment and what Huawei decides in practice relating to the availability of injunctive relief for SEPs. The principal national case law since the Huawei decision is then reviewed. Finally, some matters left unresolved by Huawei are examined and the authors consider whether further action by the Commission is necessary, including in the context of the pending review of the IPR Enforcement Directive (“IPRED”). The authors consider whether it would be desirable for the European Commission to issue some form of official guidance, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.
Keywords
Huawei judgment; FRAND commitment; standard-essential patent; patent hold-up; IP Rights Enforcement Directive
Full Text:
PDFDOI: http://dx.doi.org/10.12870/iar-12599
References
Antitrust & Public Policies
ISSN: 2284-3272
Iscrizione al Tribunale di Roma n. 300, del 12 dicembre 2013, modificata con registrazione n. Reg. Certificati 216 bis/2019
Last issue published on December 30, 2019