Comparing EU And US Standard-Essential Patent Guidance

Law360, New York (December 21, 2017, 11:39 AM EST) -- On Nov. 29, 2017, the European Commission published its long-awaited guidance (found here) on litigating and licensing standard-essential patents (SEPs). The commission is charged with enforcing the European Union’s competition laws. The communication is part of broader efforts in the EU to bolster European intellectual property rights, and follows a series of similar efforts in the related fields of trademarks and copyrights. In the patent context, readers may also recall the EU’s long push to establish the Unified Patent Court (UPC) — a centralized court for the enforcement of European patents — whose implementation is currently delayed pending ratification by the...

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