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Tag Archives: European Commission

Standard Essential Patents and FRAND Licensing: An Update from Europe

Posted in Intellectual Property

This post highlights material recent developments in Europe concerning standard essential patents (SEPs) and FRAND licensing, including Samsung’s commitments proposed in the context of the ongoing antitrust probe of the European Commission (see our previous post). Samsung’s Commitments Proposal   In its commitments proposal, Samsung offered not to seek injunctions based on its patents essential to… Continue Reading

What does the Commission’s Reuters Instrument Codes settlement mean for refusals to license essential inputs?

Posted in Intellectual Property

by Miranda Cole and Christos Malamataris On 20 March, the European Commission published its decision settling the Reuters Instrument Codes (“RICs”) Case.  The Commission’s investigation focused on whether the restrictions imposed by Thomson Reuters (previously Reuters) on the licensing of RICs amounted to the abuse of a dominant position (in breach of Article 102 TFEU)… Continue Reading

European Commission Consults on Revised Competition Regime for Technology Transfer Agreements

Posted in Transactions

By John Wileur, Jennifer Boudet, and Miranda Cole The European Commission published for consultation its proposal for revisions to the EU technology transfer competition regime yesterday.  The Commission is consulting on its proposals until 17 May 2013. The EU’s approach to the application of competition law to technology transfer agreements is set out in two… Continue Reading

European Commission Sends Statement of Objections to Samsung

Posted in Intellectual Property

By Hee-Eun Kim, Jennifer Boudet, and John Wileur After launching a formal investigation almost a year ago, the European Commission sent a Statement of Objections (SO) to Samsung on 21 December 2012.  The Commission is taking a preliminary view that Samsung’s actions seeking injunctive relief against Apple in various EU countries based on its telecom… Continue Reading

European Commission’s Survey on Intellectual Property Enforcement Seeks Input on Potentially Anticompetitive Litigation

Posted in Intellectual Property

By Hee-Eun Kim On 30 November 2012, the European Commission launched a public consultation to assess the efficiency and accessibility of civil enforcement measures for intellectual property (IP) rights in the EU Member States.  Notably, the survey asks a number of questions on the use of injunctions and other enforcement measures for “frivolous and/or anticompetitive… Continue Reading

European Commission Establishes European Cloud Partnership Steering Board

Posted in Cloud Computing

By Ezra Steinhardt and Fredericka Argent The first meeting of the new Steering Board of the European Cloud Partnership (“ECP”) was held this week in Brussels.  The meeting, and the formation of the Steering Board, represent some of the first concrete steps towards the implementation of the European Commission’s plan to develop Europe’s cloud computing… Continue Reading

U.S., EU Officials Highlight Consensus on Need for Clarification of FRAND Commitments

Posted in Intellectual Property

Alongside the Article 102 TFEU standard essential patents (“SEP”) complaints that the European Commission is investigating against Samsung and Motorola Mobility, the European Commission, the U.S. Department of Justice and Federal Trade Commission are actively encouraging standards setting organisations to provide greater clarity regarding the scope and implications of FRAND commitments offered by SEP right… Continue Reading