BLOG: INTERPRETING POLICY DEVELOPMENTS

September 21, 2021

The non-discriminatory (ND) limb of FRAND: general non-discrimination

In our recent blog post we explained why the non-discriminatory (ND) limb of FRAND does not mean every licensee is entitled to the same rate, even for similarly situated competitors.   […]
September 14, 2021

The non-discriminatory (ND) limb of FRAND: why it isn’t hard-edged

The non-discriminatory (ND) limb of FRAND does not mean every licensee is entitled to the same rate, even for similarly situated competitors.   In 2017, the UK High Court […]
September 7, 2021

Hold-out should be reflected in the review of the Horizontal Guidelines

As the Commission’s call for feedback on its Inception Impact Assessment (IIA) concerning revision of the two Block Exemption Regulations for horizontal cooperation agreements (HBERs) and […]
September 2, 2021

Examples of Hold-out Strategies

There is a growing practice among certain implementers to adopt ‘hold-out’ strategies, also known as ‘efficient infringement’, whereby they use standardised technologies for as long as […]
August 31, 2021

Litigation is inadequate to address hold-out

The widespread use of hold-out as a business strategy is a growing problem. Unlike other unlicensed uses of IP rights, hold-out strategies are employed based on […]
August 26, 2021

Three misunderstandings about SEP litigation

The widespread use of hold-out as a business strategy is a growing problem. hold-out strategies are employed based on deliberate corporate calculations as to the potential […]
July 29, 2021

Efficient infringement of SEPs

When looking at recent case law of courts in the EU involving SEPs, one cannot help noticing that an increasing number of cases involve parties that […]
July 22, 2021

Who really represents app developers?

ACT | The App Association has long positioned itself as representing the interest of the makers of apps. It claims to represent more than 5,000 app […]
July 20, 2021

World IP Day 2021: How can policymakers best support innovative European SMEs?

IP Europe co-hosted an informal webinar on World IP Day on 26 April 2021 featuring innovative SMEs from the telecommunications, wireless charging technology, and IOT sectors.  The event […]
July 15, 2021

The surprising position of the US standards-accrediting body on openness and fairness in standards setting

In May 2021, two similar standards-related pieces of legislation were introduced in the U.S. Senate and discussed in committee. The unnamed bills were proposed by Sen. Chris […]