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Business Articles Awards > Intellectual Property

The UK High Court of Justice issues an injunction prohibiting an undertaking from selling wireless telecommunications products in Britain due to its failure to enter into a worldwide patent license

Matthew G. Rose et al., e-Competitions Bulletin, August 2017

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This article examines the potential competitive harms that would result from a regime where mandatory worldwide SEP licensing is considered FRAND. In order to fully comprehend the ramifications of the decision, Section II first provides a background on SEPs, the FRAND commitment, and competition law. Section III then analyzes Mr Justice Birss’s ruling in Unwired Planet v. Huawei, with a specific focus on the worldwide license issue. Section IV discusses the potential harms implicated in requiring worldwide licensing. Finally, Section V concludes by presenting alternatives to address concerns over patent hold-up.

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