Date: 2022
Type: Article
Worldwide FRAND licences in global patent litigation
European intellectual property review, 2022, Vol. 44, No. 10, pp. 575-585
TORTI, Valerio, Worldwide FRAND licences in global patent litigation, European intellectual property review, 2022, Vol. 44, No. 10, pp. 575-585
- https://hdl.handle.net/1814/74942
Retrieved from Cadmus, EUI Research Repository
A new front has recently emerged in SEP global battles, concerning the legitimacy of judicially determining FRAND worldwide royalties despite the absence of consent of all parties involved. The Unwired Planet decision in the UK, as well as other disputes in the EU and Asia, have given rise to such a new judicial trend in the context of standard essential patents litigation. But should national courts be allowed to embark on a similar comprehensive analysis of the litigants’ global business relationship? After recalling the most recent initiatives adopted at EU, UK and US levels in order to bring more transparency in SEP licensing negotiations, the article will explore the risks and disadvantages of this judicial practice, as also emerged from recent FRAND litigation.
Additional information:
Published online: 07 October 2022
Cadmus permanent link: https://hdl.handle.net/1814/74942
ISSN: 0142-0461
Publisher: Sweet and Maxwell
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