4iP News

Latest research from 4iP Council: Lessons from Huawei v. ZTE

13 December 2016

4iP Council’s latest research report ‘Lessons from Huawei v. ZTE’ aims to help IP and competition law practitioners as well as policy makers understand the impact of the seminal ruling from the Court of Justice of the European Union on standard essential patents, access to justice and FRAND licensing.

This report, which has already attracted much interest, was written by the Rt Hon Professor Sir Robin Jacob who is a former judge in the Court of Appeal of England and Wales and member of the IP Hall of Fame, and by Alexander Milner, barrister at Fountain Court Chambers and a specialist in commercial litigation and arbitration.

This new paper first summarises 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.

Sir Robin Jacob previewed this paper in October at the Venice Patent Judge’s Symposium where it was very well received. As a consequence the paper will soon be published in both the Italian Competition Law Review and Italian Antitrust Review as well as in the Shanghai Tongji University Annual Review.

4iP Council is currently working on a searchable repository of post-Huawei cases to be housed on the 4iP Council website.