- FRAND licensing approach and terms receives Court of Appeal’s approval (Unwired Planet International Ltd v Huawei Technologies Co Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Intellectual Property analysis: This appeal provided the Court of Appeal with the opportunity to look in considerable detail at the approach taken by Birss J at first instance, and to assess whether his approach was at odds with those of other courts around the world, as well as whether his application of competition law in the guise of Art 102 of the Treaty on the Functioning of the European Union (TFEU) was compatible with the Court of Justice’s own. The three grounds of appeal were: whether a fair, reasonable and non-discriminatory (FRAND) licence should be territorially limited, how the non-discriminatory part of FRAND is to be assessed, and whether the approach of Unwired Planet amounted to an abuse of a dominant position. In upholding the judge on all counts, the Court of Appeal have potentially indicated to other jurisdictions’ courts, how they might approach FRAND licensing matters in the future. Written by Paul A. Harris, senior partner (IP Litigation) at Venner Shipley LLP.
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