Substantial determination of FRAND licence terms and competition issues by UK high court: Unwired Planet International Ltd v (1) Huawei Technologies Co. Ltd (2) Huawei Technologies (UK) Co. Ltd. High Court of England and Wales, [2017] EWHC 711 (Pat)

Jain, Dipesh A. (2017) Substantial determination of FRAND licence terms and competition issues by UK high court: Unwired Planet International Ltd v (1) Huawei Technologies Co. Ltd (2) Huawei Technologies (UK) Co. Ltd. High Court of England and Wales, [2017] EWHC 711 (Pat). Jindal Global Law Review, 8 (2). pp. 231-240. ISSN 9752498

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Abstract

Unwired Planet v Huawei is the first case decided in the EU that comprehensively deals with FRAND-related issues and competition concerns in disputes involving standard-essential patent (SEP) licensing. In the process, it deals with previously unresolved issues. As per this decision, there can only be one set of terms which are FRAND. The manner in which the court has proceeded with the ambitious task of determining a global FRAND royalty rate sets out a methodological approach towards the same. An injunction may be granted in case of infringement by the implementer and its subsequent refusal to accept a licence determined to be FRAND by the court. The court also dealt with allegations of abuse of dominance against the SEP holder

Item Type: Article
Keywords: Unwired Planet | Huawei | Global FRAND Licence | Standard Essential Patent (SEP) | Worldwide FRAND Rate
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Initiative on Research in IP and Competition
Depositing User: Amees Mohammad
Date Deposited: 26 Jan 2022 13:32
Last Modified: 16 Jun 2022 09:32
Official URL: https://doi.org/10.1007/s41020-017-0054-y
URI: https://pure.jgu.edu.in/id/eprint/874

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