In the EU, the Commission is looking to adopt a new framework for standard-essential patents. This would create a fair and balanced licensing framework that would respect FRAND conditions. In this context, the revision of the European Horizontal Guidelines would address the lack of clarity or difficulty in applying certain provisions. This concerns in particular the obligation to license SEPs on FRAND terms and the meaning of unrestricted participation in the standardisation process. In the US, on September 29, 2021, the Antitrust Division Economics Director of Enforcement referred to the need for a balance between policy for the intersection of intellectual property and antitrust. The DOJ Antitrust Division is trying to protect competition during the standards-setting process, to promote procompetitive SEP licensing through policymaking.
Keynote : Pierre REGIBEAU | Chief Economist, DG COMP, Brussels (bio)
Jonathan BARNETT | Professor, Gould School of Law at University of Southern California (bio)
Avantika CHOWDHURY | Partner, Oxera, London (bio)
Maureen OHLHAUSEN | Partner, Baker Botts, Washington, D.C. (bio)
Moderator : Paul LUGARD | Partner, Baker Botts, Brussels (bio)
In the Optis v. Apple decision (25 June 2021), the High Court of England & Wales concluded that a willing FRAND licensee must undertake to take a FRAND license. This ruling is therefore considered to be favourable to intellectual property rights holders. Since 2019, Anti-suit injunctions have developed to provide a defence in SEP and FRAND litigation. Is the development of these mechanisms sufficient to limit IP litigation ?
Keynote : Christine WILSON | Commissioner, US Federal Trade Commission (bio)
Michael L. KEELEY | Partner, Axinn, Washington D.C. (bio)
Florian MUELLER | Founder, Foss Patents, Munich (bio)
Renato NAZZINI | Professor, King’s College London (bio)
Gunnar NIELS | Partner, Oxera, Oxford (bio)
Moderator : Jay JURATA | Partner, Orrick, Washington D.C. (bio)
The 2nd edition of the "IP & Antitrust : Hot Issues" Conference is organised by Concurrences Review, in partnership with Baker Botts and Oxera Consulting, with the support of panel and media sponsors.
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