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Lessons from Huawei v. ZTE

Jacob, R; Milner, A; (2016) Lessons from Huawei v. ZTE. 4iP Council: Brussels, Belgium. Green open access

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Abstract

The judgment of the European Court of Justice (CJEU) in Huawei v. ZTE4 has provided valuable guidance on the circumstances when a holder of a Standard Essential Patent (SEP) which has given a commitment to license the SEP on FRAND terms is entitled to seek an injunction against an implementer without acting in breach of competition law. In doing so, the CJEU has set out a number of important principles relating to patent rights that we describe further below. However, it also leaves some important questions unresolved. We explain the significance of the decision and offer some suggestions as to its proper interpretation and application. We also consider whether it would be desirable for the European Commission to issue some form of official guidance following the decision, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.

Type: Working / discussion paper
Title: Lessons from Huawei v. ZTE
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.4ipcouncil.com/research/lessons-huawei...
Language: English
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: patent, SEP, FRAND
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10088484
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