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Research: Lessons from Huawei v. ZTE

by Rt Hon Professor Sir Robin Jacob, Alexander Milner – October 2016

Lessons from Huawei v. ZTE

This 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.

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

Publications: How to protect local R&D in Brazil, Russia, India, China?

How to protect local R&D in Brazil, Russia, India, China?

This article covers recent, detailed research by The University of St. Gallen on the motivation for and nature of western R&D investments in emerging markets.

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Categories: IP Enforcement, Trade Law and Regulation

Research: Re-evaluating Patent Damages in the Knowledge Economy

by Bowman Heiden and Jens Andreasson Center for Intellectual Property (CIP) – December 2015

Re-evaluating Patent Damages in the Knowledge Economy

Investigates the applicability and implications of the current legal norms for the choice of royalty base in relation to the prevailing market norms regarding SEP transactions in the telecommunication industry. This article was published in the Criterion Journal on Innovation in September 2016. https://www.criterioninnovation.com

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Categories: IP Enforcement, Standardisation

Publications: The varied multiple functions of patents

The varied multiple functions of patents

This paper details, through the use of recent examples, ten different ways businesses can benefit from patents other than by practising them.

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Categories: IP Enforcement, Licensing, Patent System and Patent Quality, SMEs