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Research: A FRAND Regime for Dominant Digital Platforms

by Mathew Heim and Igor Nikolic

A FRAND Regime for Dominant Digital Platforms

This study explores how European policy and legislation has traditionally applied the ‘fair, reasonable and non-discriminatory’ or FRAND regime in order to ensure access to critical goods or services. This regime provides inspiration in the on-going debate around dominant digital platforms. The authors of this paper are Mathew Heim, Tanfield Chambers and Dr. Igor Nikolic, University College London.

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Categories: Access, Digital Platforms, Digital Single Market, European Commission, FRAND, IP and Competition Law, Legislation, Policy, Regulation, SMEs, Standardisation

Publications: Patent hold-up and patent hold-out: evolutions in Europe and the US

Patent hold-up and patent hold-out: evolutions in Europe and the US

This paper looks at hold-up and hold-out with respect to standard-essential patents (SEPs) in the ICT sector. It examines the evolution from a hold-up focused view in the US and Europe towards consideration of hold-out by regulatory authorities and courts. Similarities and differences regarding SEPs licensing and enforcement in both regions are addressed. This paper is an update of the article “From Patent Hold-Up to Patent Hold-Out”. The last version of this article was published in the Corporate and Global Standardization Initiatives in Contemporary Societies, 2018.

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Categories: IP and Competition Law, Standardisation

Research: The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.

by Uwe Scharen, Former Presiding Judge of the Federal Court of Justice in Germany. German version.

The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.

Die Erstveröffentlichung dieses Aufsatzes erfolgte in der Zeitschrift „Mitteilungen der deutschen Patentanwälte“, Heft 09/2018, S. 369, herausgegeben vom Vorstand der Patentanwaltskammer, erschienen bei Wolters Kluwer Deutschland – Carl Heymanns Verlag

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Categories: IP and Competition Law, IP Enforcement, Patent System and Patent Quality

Research: The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent

by Uwe Scharen - Former Presiding Judge at the Federal Court of Justice of Germany.

The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent

This paper looks at the practice of the German courts regarding the provision of injunctive relief to patent holders. After a brief analysis of the German substantive law governing patent holders’ claims for injunctive relief, the author presents the legal remedies available to the patent holder under German law for protecting and enforcing such claims. It was first published: - in German in the journal "Mitteilungen der deutschen Patentanwälte“, Issue 09/2018, page 369, which is edited by the Board of the German Chamber of Patent Attorneys (Patentanwaltskammer) and published by Wolter Kluwer Deutschland – Carl Heymanns Verlag. - in English in the "Journal of Intellectual Property Law & Practice", Oxford University Press, jpy127, https://doi.org/10.1093/jiplp/jpy127

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Categories: IP and Competition Law, IP Enforcement, Patent System and Patent Quality

Publications: SEP/FRAND case law: overview and challenges regarding confidentiality.

SEP/FRAND case law: overview and challenges regarding confidentiality.

4iP Council webinar presentation given by Prof. Dr. Peter Georg Picht, LL.M. (Yale) on 22 November 2018. Prof. Picht holds a chair for Business and Commercial Law at the University of Zurich, is head of the University’s Centre for Intellectual Property and Competition Law (CIPCO) and is a Max Planck Institute Affiliated Research Fellow.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Standardisation