Abusive Conduct of SEP Holders in Pursuing Injunctions Despite FRAND Submission Agreements Across Jurisdictions:: The EU Angle

Abusive Conduct of SEP Holders in Pursuing Injunctions Despite FRAND Submission Agreements Across Jurisdictions:: The EU Angle

Journal article

1 electronic resource (page 607–617)

The enforcement of a standard essential patent (SEP) has been fraught with complex legal and commercial considerations, particularly regarding the interplay between intellectual property rights and antitrust principles. SEPs occupy a unique position on the market as they support industry standards, granting their holders quasi-monopolistic power while imposing obligations to license on Fair, Reasonable and Non-Discriminatory (FRAND) terms. However, these obligations often conflict with SEP holders’ desire to assert exclusivity rights, creating tension within the licensing ecosystem. This tension is amplified when SEP holders seek injunctive relief in jurisdictions like Germany while simultaneously agreeing to, or having engaged in, FRAND determinations in venues such as the UK. The issue at hand is whether pursuing injunctions in Germany while a FRAND determination is underway in another jurisdiction constitutes an abusive practice. We argue that this behavior undermines the core principles established by the Court of Justice of the European Union in the Huawei v. ZTE case and represents a form of procedural manipulation that is both legally and ethically questionable.

Crossref

GRUR International ; 74, 7, 2025, 2632-8550.

[Oxford, England] : Oxford University Press (OUP), 2025.

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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