The ECJ Huawei–ZTE Decision: En Route to Ending Hold-Out?

This article is part of a Chronicle. See more from this Chronicle Dina Kallay, Oct 27, 2015 On July 16 2015, the European Court of Justice issued its much-awaited decision in the Huawei-ZTE matter (“Decision”), in reply to questions referred by the German Landgericht Düsseldorf court. The Decision involved a Standard Essential Patent dispute between two […]

Huawei Technologies: More Certainty on SEP Injunctions, But Not the End of the Story

This article is part of a Chronicle. See more from this Chronicle Kyriakos Fountoukakos, Nick Root, Oct 27, 2015 The issue of declared standard-essential patents and competition law has been a hot topic that has pitted holders of SEPs and users of SEPs against one another in a patent war game with Article 102 TFEU […]

Digging Deeper: Supplemental Reading

This article is part of a Chronicle. See more from this Chronicle Douglas Ginsburg, Joshua Wright, Bruce Kobayashi, Koren Wong-Ervin, Oct 14, 2015 For those interested in digging deeper into the subject, we’re providing links below to four comments made to Canada, Japan, China, and Korea regarding their respective approaches to Intellectual Property. The first two […]

FRAND Developments—An Indian Competition Law Perspective

This article is part of a Chronicle. See more from this Chronicle Arshad (Paku) Khan, Dhruv Rajain, Oct 14, 2015 The antitrust/competition law regime of India has gained considerable importance as a result of India’s opening up of its economy commencing in early 1990s, moving towards becoming a liberalized and globally competitive economy. Given the […]

The Troubling Use of Antitrust to Regulate FRAND Licensing

This article is part of a Chronicle. See more from this Chronicle Douglas Ginsburg, Koren Wong-Ervin, Joshua Wright, Oct 14, 2015 In the last year, we have seen a growing—and troubling—trend as courts and competition agencies around the globe propose and impose antitrust sanctions on holders of standard-essential patents for seeking injunctive relief against alleged […]

Competition Law and FRAND: Developments and Challenges in India

This article is part of a Chronicle. See more from this Chronicle Samir Gandhi, Fadi Metanios, Hemangini Dadwal, Oct 14, 2015 Enforcement of antitrust rules in India is comparatively recent, having only commenced in May 2009. Likewise, significant amendments to update India’s patent regime only took place 10 years ago. Nonetheless, India may soon become a […]

Canada’s New Intellectual Property Enforcement Guidelines—New Rules for SEPs in Canada

This article is part of a Chronicle. See more from this Chronicle David Rosner, Oct 14, 2015 In 2014, the Canadian Competition Bureau embarked on a multi-phase process to update its Intellectual Property Enforcement Guidelines. The update was needed to reflect legislative and policy developments that had occurred since the IPEGs were first issued in […]

Canada’s Updated Draft Intellectual Property Enforcement Guidelines and the Pharmaceutical Industry

This article is part of a Chronicle. See more from this Chronicle Anita Banicevic, Mark Katz, Oct 14, 2015 In June 2015, Canada’s Competition Bureau released its updated draft of the Intellectual Property Enforcement Guidelines for public review and consultation. The Draft IPEGs are intended to reflect the 2009 amendments to the Competition Act, including the […]

Injunctive Relief for Infringement of FRAND-Assured Standard-Essential Patents: Japan and Canada Propose New Antitrust Guidance

This article is part of a Chronicle. See more from this Chronicle Lisa Kimmel, Oct 14, 2015 Courts and antitrust agencies across the globe continue to evaluate the role of antitrust enforcement in patent-licensing disputes between technology users and firms that have made commitments to provide access to patents essential to implement industry standards on […]

Treatment of Resale Price Maintenance in Hong Kong

This article is part of a Chronicle. See more from this Chronicle Ping Lin, Sep 30, 2015 Three years after its enactment, the Competition Ordinance of Hong Kong is set to come into force on December 14, 2015. This article reviews the conceptually framework which the Hong Kong Competition Commission  will be adopting in assessing […]