Abuse of Dominance - Seeking an Injunction

04 July 2014
by camilleripreziosi -- last modified 04 July 2014

The European Commission has confirmed that, while recourse to an injunction is generally a legitimate remedy for patent infringements, seeking an injunction may also constitute an abuse of dominance if (i) a holder of standard essential patents (SEPs) has given a commitment to licence of fair, reasonable and non-discriminatory terms (FRAND); and (ii) the potential licensee is willing to acquire a licence on FRAND.

SEPS are patents which are essential, from a technical perspective, to manufacture products (such as mobile phones) that comply with a particular standard. Holders of SEPs who wish to be included in a standard must commit to giving access to the technology on FRAND.

Some useful and interesting FAQs issued by the European Commission on the matter can be accessed here.

Camilleri Preziosi is a leading Maltese law firm with a commitment to deliver an efficient service to clients by combining technical excellence with a solution driven approach to the practice of law.

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