Standard essential patents and FRAND licensing
Produced in partnership with Olivia Henry of Bristows , Matthew Hunt of Bristows , Luke Maunder of Bristows and Pat Treacy of Bristows
Standard essential patents and FRAND licensing

The following IP practice note Produced in partnership with Olivia Henry of Bristows, Matthew Hunt of Bristows, Luke Maunder of Bristows and Pat Treacy of Bristows provides comprehensive and up to date legal information covering:

  • Standard essential patents and FRAND licensing
  • SEPs
  • Technical standards and standard setting organisations (SSOs)
  • Essentiality
  • Declaring SEPs to SSOs
  • Introduction to FRAND licensing obligations
  • Obligations on SEP holders
  • The ETSI IPR Policy
  • Other SSO policies
  • Obligations on implementers
  • More...

This Practice Note addresses the role played by standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing in patent litigation before the Courts of England and Wales (the English Courts). In particular, this Practice Note considers the legal landscape following the UK Supreme Court decision handed down on 26 August 2020 in the conjoined Unwired Planet and Conversant appeals and the practical implications of this decision. For further information, see News Analysis: Supreme Court—English courts can determine terms of global licences for portfolios of standard essential patents (Unwired Planet v Huawei).

This Practice Note does not seek to provide a detailed analysis of all the potential competition law issues that may arise in SEP licensing and litigation (in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU) and their domestic equivalents, Chapters I and II of the Competition Act 1998). However, where appropriate, reference is made to the competition policy backdrop to the FRAND commitment, including the Court of Justice’s decision in Huawei v ZTE and the European Commission Communication on Standard Essential Patents published in November 2017 (the 2017 Commission Communication). The Commission also published a further Communication setting out an EU action plan for IP more generally on 25 November 2020, which addresses briefly potential future EU developments in the SEP space.

SEPs

Technical standards and

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