Thursday, February 11, 2021
European Commission s expert group report on standard-essential patents uses misnomers license to all and access to all
Yesterday evening by Central European Time, the European Commission s Directorate-General for the Internal Market (DG GROW) published (
When the expert group was formed in 2018, I was
extremely skeptical. It looked to me like the deck was stacked against SEP implementers. I was very vocal about that concern, but the report that has been published is all about pluralism, not a particular agenda. It reflects a diversity of views and ideas, and an Ericsson executive wrote an official dissent, which I regards as a very positive sign as I tend to disagree with Ericsson on SEP matters. Maybe I was wrong in 2018 to suspect an effort to rubberstamp pro-SEP-holder policies or, which I can t rule out for lack of knowing what exactly happened in all those expert group meetings, the dynamic changed at some point. One way or the other, my co
Should Iancuâs successor take a softer tone on China?
22-01-2021
21-08-2017
The legal sector has been mulling the legacy of Andrei Iancu as he confirmed this week that his three-year term as head of the worldâs biggest national IP office had come to an end.
Lawyers have told
WIPR that his successor will need to look outwards in order to maintain global US leadership in IP, at a time when Chinese firms and courts are pushing for greater influence in global technology standards.
His term was dominated by escalating tensions between China and the Trump administration. Iancu used his resignation speech this week to call for an end to “state-sponsored theft”, an accusation that has been repeatedly levelled against Beijing by Trump’s officials.
James Mellor QC appointed as High Court judge
21-01-2021
03-10-2016
An 8 New Square barrister who specialises in IP has been appointed as a High Court judge in England and Wales.
The appointment, announced yesterday, January 20, will see well-known IP expert James Mellor QC take up his new position in the Chancery Division on February 8, 2021.
The new appointment means that there will be two full-time High Court judges with a strong IP background in the Chancery Division. In September 2020, Richard Meade QC, also a former barrister at 8 New Square, took up his appointment as a High Court judge.
Mellor was called to the bar in 1986 and joined 8 New Square as a barrister a year later.
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On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of
Unwired Planet v. Huawei and
Huawei v. Conversant. Both cases involved questions of:
Whether the contracts entered into by those who had participated in standards setting by the European Telecommunications Standards Institute (ETSI) and agreed to license any standards essential patents (SEPs) they held on Fair Reasonable and Nondiscriminatory (FRAND) terms contemplated such FRAND terms being set out on a global basis;
Whether the FRAND requirement consisted of separate fair, reasonable and non-discriminatory components or whether the term was a single unitary obligation;
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