Evolving Huawei framework: SEPs and grant of injunctions

Gupta, Indranath, Devaiah, Vishwas H., Jain, Dipesh A. and Shrivastava, Vishal (2018) Evolving Huawei framework: SEPs and grant of injunctions. In: Multi-Dimensional Approaches Towards New Technology. Springer, Singapore, pp. 137-148. ISBN 9789811312328

[thumbnail of Gupta2018.pdf]
Gupta2018.pdf - Published Version
Available under License Creative Commons Attribution.

Download (230kB) | Preview


The European Commission in their recent communication paper (COM (2017) 712 final)(EC paper) titled ‘Setting out the EU approach to Standard Essential Patents’ considered the obligations that are cast upon parties during pre-licensing negotiations of SEPs on FRAND terms. The EC paper has derived such obligations from the behavioral criteria as determined by the CJEU in the Huawei judgement. While Huawei provided the general framework, it further evolved through various court decisions in Germany and in the Unwired Planet case. This chapter reflects on the framework developed in the Huawei judgment and shows how this framework has evolved in the post Huawei cases in Germany and UK. The post Huawei cases have tried to adhere to the overall framework provided under Huawei, although there are number of inconsistencies as to specific obligations. From the perceived inconsistences, this chapter concludes on a note that the overall conduct of the parties would play a major role before granting injunctive relief to SEP holders.

Item Type: Book Section
Keywords: Standard essential patents | Huawei fair | Reasonable and non-discriminatory | FRAND terms court Of justice of the european union
Subjects: Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 14 Dec 2021 06:45
Last Modified: 21 Dec 2021 05:22
Official URL: https://doi.org/10.1007/978-981-13-1232-8_7
URI: https://pure.jgu.edu.in/id/eprint/165


Downloads per month over past year

Actions (login required)

View Item
View Item