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CJEU sets out FRAND rules for licensors and licensees

James Nurton, London


The owner of a standard essential patent who seeks an injunction must have alerted the alleged infringer and made a “specific, written” licence offer specifying the royalty and the way it is to be calculated, the CJEU said in a case between Huawei and ZTE

CJEUIf the patent owner does not do so, then it is vulnerable to being attacked for abusing its dominant position under EU competition law.

However, the Court also said in today’s ruling that in order to bring such an action,...


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