4iP News

LES International selects 4iP Council's work on Confidentiality of FRAND as 'Article of the Month'

08 April 2019

Confidentiality of FRAND licensing after Huawei v ZTE : National Courts in Europe searching for balance

LES International is revisiting 4iP Council's work tracking and interpreting national case law post the CJEU ruling on Huawei v ZTE, naming it "Article of the Month" for April 2019.

In the acclaimed article, Dr Claudia Tapia and Dr Spyros Makris cover the landmark decision in the matter Huawei v ZTE, the Court of Justice of the European Union (CJEU), where a well-balanced framework for the licensing of Standard Essential Patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms and conditions was established. Following this judgement, national courts in Europe have been providing further guidance on several key questions related to the ruling. A significant portion of this case law has been developed in Germany. The authors examine whether the efforts of the German jurisprudence have produced viable solutions with regard to the protection of confidentiality in the context of FRAND licensing negotiations and FRAND related litigation.

Read the article in full.

What is the latest from 4iP Council on this topic?

  • Our webinar in November 2018 with Prof. Dr. Peter Georg Picht addressed Confidentiality of FRAND in detail.
  • We track national court guidance on the principles established by the Court of Justice of the European Union in Huawei v ZTE. See our most recent updates.