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Court of Justice case C-170/13 (Huawei Technologies)

29 May 2013

The IP Federation is urging UK intervention at the Court of Justice of the European Union (CJEU) in Court of Justice case C-170/13 (Huawei Technologies).

This case concerns highly topical policy issues surrounding licensing of standard essential patents (SEPs), including:

  • the availability of injunctive relief,
  • what constitutes a ‘willing licensee’, and
  • the principle of 'fair, reasonable and non-discriminatory' (FRAND) terms,
all currently the subject of a significant amount of litigation in the mobile telecoms sector, especially in the UK courts, as well as in courts across Europe and around the world.
 
We are therefore urging the UK to intervene and encourage the Court to focus on principle level guidance under EU law rather than being too prescriptive in order to avoid unforeseen consequences for other disputes which may arise between different parties with different facts and circumstances.
 


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