Standards and patents in spotlight at AIPPI
Last Thursday, the Court of Justice of the EU heard arguments in a case referred from Germany between Huawei and ZTE concerning standard-essential patents and FRAND. It is the first time the Court has been asked to rule on this complex area of law
It is an issue that AIPPI’s Standards and Patents Committee (Q222) has been focused on in the past 12 months. The Committee published a report on the availability of injunctive relieve for FRAND-committed standard essential patents in April this year, which reviewed more than 40 decisions from courts and antitrust agencies. The report also looked at the IPR policy discussions in various standard-setting organisations.
The Committee will give a presentation to the Executive Committee today. It has identified numerous relevant decisions made since the Report was published, from courts in Germany, the United States, Brazil, Japan and China, as well as antitrust rulings by the European Commission, the Korean Fair Trade Commission and China’s MOFCOM and NDRC. These are discussed in its 2014 annual report.
The Committee also recommends that AIPPI hold a workshop on standards and patents at the 2015 Congress in Rio de Janeiro given “the ever-increasing relevance of the topic, the dynamics of the current debate, and the high complexity of the interface of IP, antitrust, and standardization”. For more information on the Committee’s report, see here.