Brazilian Competition Authority Entertains Thoughts of Doing Something About SEP Abuses
Recently, I have been focusing on why competition law authorities should pay more attention to standard setting, SEP licensing, SEP litigation, and SEP sales. Well, it turns out that the Brazilian competition authority has decided to do just that. Brazil is a jurisdiction that grants (near) automatic injunctions, including preliminary injunctions, for patent infringement, regardless of whether the patent is a SEP. Brazil also is the largest market in South America for cert
Marta Beckwith
Mar 307 min read
Back to Basics Part 2 – Injunctions and Licensing
One of the excuses used by Germany’s Federal Court of Justice in the VoiceAgeEVS v. HMD case to justify an injunction was its finding that injunctions are necessary to encourage implementers to take a license. But SEP licensing is not a goal of standard development . Let me say that again – SEP licensing is not a goal of standard development. SEP licensing by those who participate in the development of a standard is tolerated only because it is believed to support one
Marta Beckwith
Mar 103 min read
