As more and more consumers around the world reap the benefits of curated online marketplaces (COMs) based in the United States, foreign competitors are asking their governments to act against COMs’ core business conduct. The European Union’s (EU’s) Digital Markets Act (DMA) is the first major step in this direction, imposing ex ante-style regulation to […]
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On 4th December 2023, the Intermediate People’s Court of Chongqing Municipality in China handed down its FRAND determination in the global 5G patent licensing dispute between patent owner Nokia and the Chinese implementer Oppo. Read more at the Kluwer Patent Blog here.
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The European Commission’s proposed Regulation to regulate standard essential patents (SEPs) in the EU has been a subject of much debate. Its explanatory memorandum sets forth its aim, including to ensure that “end users” (which includes small businesses and EU consumers) derive advantage from products that incorporate SEPs, at reasonable prices. Specifically, the proposed Regulation […]
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A judicial and academic debate on standard essential patents (SEPs) in China has recently arisen. The issuance of anti-suit injunctions (ASIs) by Chinese courts in a relatively short period of time (between 2019 and 2020) and the ensuing TRIPS/WTO dispute between the EU and China over the TRIPS compatibility of such ASIs, exemplify such debate. […]
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