The Global Standards Wars: Patent and Competition Disputes in North America, Europe and Asia

Keio University Journal of Law, Politics and Sociology (Mar. 2018)

31 Pages Posted: 29 Jan 2018 Last revised: 8 Apr 2018

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: January 20, 2018

Abstract

Over the past decade there has been an increasing number of disputes concerning the enforcement and licensing of patents covering technical standards. These disputes have taken on a global character and often involve litigation in North America, Europe and Asia. And while many of the parties are the same in actions around the world, courts and governmental agencies in different jurisdictions have begun to develop distinctive approaches to some of these issues. Thus, while areas of convergence exist, national laws differ on important issues including the availability of injunctive relief for FRAND-encumbered SEPs, the appropriate method for calculating FRAND royalties, the competition implications of violating a FRAND commitment, and the contours of the FRAND non-discrimination obligation. Thus, at least until greater international harmonization is achieved, firms doing business globally must remain particularly attuned to the evolving legal landscape in this area. This paper presents a brief overview of recent disputes that have arisen around the world with respect to the acquisition, enforcement and licensing of patents that are essential to technical interoperability standards.

Keywords: FRAND, standards, patent, SEP, competition, Huawei, Unwired Planet

Suggested Citation

Contreras, Jorge L., The Global Standards Wars: Patent and Competition Disputes in North America, Europe and Asia (January 20, 2018). Keio University Journal of Law, Politics and Sociology (Mar. 2018). Available at SSRN: https://ssrn.com/abstract=3106090

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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