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ARTICLE · 29 DECEMBER 2020

A Changing FRAND Landscape?

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Earlier this year we discussed the rapid expansion of connected technologies and how this might affect SEP licensing in the automotive sector.

United KingdomIntellectual Property
Pat Treacy
Pat Treacy
James Batsford
James Batsford

Late 2020 has brought some important developments in the FRAND landscape in Europe.

CJEU referral

Earlier this year we discussed the rapid expansion of connected technologies and how this might affect SEP licensing in the automotive sector (here). A key area of tension in the connected cars debate is where in the supply chain licensing should occur. Europe's highest court has now been asked to provide some clarity on this subject, following a referral by the Düsseldorf Regional Court in a dispute between Nokia and Daimler (for German speakers, the referral can be found here). Ten detailed questions have been submitted (see here for an unofficial English translation of the questions) and the CJEU is now being asked to indicate (among other things) whether there is an obligation for SEP holders to license those who supply component parts for incorporation in more complex products.

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