Unwired Planet v Huawei – is FRAND appealing?

Karga Giritli, N. C. (2019) Unwired Planet v Huawei – is FRAND appealing? Queen Mary Journal of Intellectual Property Law, 9(4), pp. 490-502. (doi: 10.4337/qmjip.2019.04.08)

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205616.pdf - Accepted Version



The Court of Appeal delivered its eagerly awaited judgment in the appeal filed against Birss J's judgment in the Unwired Planet v Huawei case on 23 October 2018. Birss J's judgment included an analysis of some of the most controversial issues related to standard essential patents (SEPs) and particularly the fair, reasonable and non-discriminatory (FRAND) concept. The Court of Appeal reviewed these issues and handed down a judgment (together with Birss J's judgment) that has the potential to become a legal foundation for SEP-related disputes in England. It is highly likely that these judgments will also provide a guidance to courts in other jurisdictions and shape the practice in this highly dynamic and developing area. The judgments also represent the English courts’ unbiased view towards SEP owners.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Karga, Cansin
Authors: Karga Giritli, N. C.
College/School:College of Social Sciences
Journal Name:Queen Mary Journal of Intellectual Property Law
Publisher:Edward Elgar Publishing
ISSN (Online):2045-9815
Copyright Holders:Copyright © 2019 The Author
First Published:First published in Queen Mary Journal of Intellectual Property Law 9(4):490-502
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher

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