Standard Essential Patents: Returning to the Basics on Unwired v Huawei

IF 0.3 Q3 LAW Statute Law Review Pub Date : 2023-12-19 DOI:10.1093/slr/hmad012

Soumya Prakash Patra

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Abstract

Standard essential patents have become an extremely crucial element in developing modern technologies and standardization processes. This article examines the importance of standardization and standard essential patents in developing technologies and their effect on the legal jurisprudential environment. The introduction emphasizes the role of standardization in promoting the adoption of various essential technologies. Additionally, it focuses on the significance of standard essential patents that safeguard the technologies underlying such standards. The discussion delves into a particular legal case involving Unwired Planet’s licensing campaign for standard essential patents in the communication industry, emphasizing the judgments handed down by the UK Supreme Court. The analysis further investigates critical issues involved in the decision, such as jurisdiction over global licensing, non-discrimination under fair, reasonable, and non-discriminatory terms, and the flexibility of fair, reasonable, and non-discriminatory negotiations. The UK Supreme Court’s ruling clarifies maintaining a proper equilibrium between the interests of SEP holders and encouraging fair and reasonable licensing practices.

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标准必要专利：就Unwired诉华为案回归基本原理

标准必要专利已成为现代技术发展和标准化进程中极其重要的因素。本文探讨了标准化和标准必要专利在技术发展中的重要性及其对法律判例环境的影响。引言强调了标准化在促进采用各种必要技术方面的作用。此外，它还重点介绍了标准必要专利的重要性，这些专利保护了这些标准的基础技术。讨论深入探讨了涉及 Unwired Planet 在通信行业标准必要专利许可活动的一个特殊法律案例，并强调了英国最高法院做出的判决。分析进一步探究了判决中涉及的关键问题，如对全球许可的管辖权，公平、合理和非歧视性条款下的非歧视，以及公平、合理和非歧视性谈判的灵活性。英国最高法院的裁决澄清了在 SEP 持有人的利益与鼓励公平合理的许可实践之间保持适当平衡的问题。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Statute Law Review LAW-

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0.50

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期刊介绍： The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.