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Competition law: Standard essential patents

25 August 2015

Competition law: Standard essential patents

Patents important for the future evolution of technology are subject to different laws

On 16 July 2015, the Court of Justice of the European Union (CJEU) handed down a judgement in the case of Huawei Technologies Co Ltd v ZTE Corp.

The case concerns a standard-essential patent (SEP). This is a type of patent that the European Telecommunications Standards Institute (ETSI) considers sufficiently important for the future growth and evolution of technology in a particular sector. It therefore should not be subject to the same rules and laws as regular intellectual property...

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