Competition

Jurisdictional Conflicts in SEP / FRAND licensing: China’s approach

China’s Approach OPPO v. Sharp (Supreme People’s Court, August 19, 2021): OPPO sued Sharp to determine global FRAND licensing rates for Sharp’s 3G, 4G, Wi-Fi, and HEVC SEPs, following Sharp’s infringement lawsuits in Japan, Germany, and Taiwan. The SPC upheld the Guangzhou IP Court’s jurisdiction, citing OPPO’s Chinese manufacturing base and the parties’ intent to […]

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Jurisdictional Conflicts in SEP / FRAND licensing: Brazil’s approach

Brazil’s Approach SEPs and their licensing under FRAND terms have become critical issues in Brazil, a major smartphone market with over 160 million internet users, ranking as the fifth-largest globally. Brazil’s pro-patentee judicial environment has made it a hotspot for SEP enforcement, particularly in telecommunications, where SEPs underpin 2G––5G standards. Brazilian courts, especially in Rio de

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Jurisdictional Conflicts in SEP / FRAND licensing. Patents vs. Competition

Background  This is a blog series on jurisdictional conflicts in Standard Essential Patents (SEPs) and Fair, Reasonable, and Non-Discriminatory (FRAND) licensing. In this series, we look at how different countries handle these disputes, which often span borders and involve high-stakes in tech. This series is based on a detailed analysis of key cases from 2010 to

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CCI vs. Schott Glass | Kapoor Glass vs. Schott Glass | 2025 INSC 668

The Supreme Court’s use and of EU jurisprudence in Kapoor Glass—including the British Airways, TeliaSonera, Microsoft, and Intel cases—provides a rigorous framework to assess abuse of dominant position, emphasizing an effects-based analysis, objective justifications, and market evidence.   These use of these cases reflect that India is with EU and US standards, prioritizing competitive harm over presumptive abuse, though diverging from China’s proactive stance.  The Court’s approach ensures predictability for dominant firms but risks under-regulating in concentrated markets.  

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SEP / /FRAND Related decisions across the globe

This posts lists out the number of cases that have been filed across the globe regarding Standard Essential Patents (SEPs).  The different jurisdictions are: 

Delhi High Court; UK High Court (EWHC) Business and Property Courts, Court of Appeal (EWCA);  Court of Appeals for the Federal Circuit; Courts in Germany including Munich ; Mannheim, Karlsruhe, State of Rio de Janeiro Judiciary, Supreme People’s Court (China), etc.   Various decisions issued by Competition authorities across the globe are also listed.   Each of these decisions can be accessed from the Resources Tab on this website on the respective page.

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Chinese Court issues anti-suit injunction as re pending DHC case InterDigital v. Xiaomi

In a matter brought by Xiaomi against InterDigital, a Chinese court just (September 23, 2020) issued an anti-suit injunction against InterDigital from pursuing matters pending in the Delhi High Court. InterDigital also stands to be fined up to one million yuan per day if it were to violate the order. InterDigital has filed an anti

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China rules on adjusted royalty base for SEP licensing

Image First posted 2015 Earlier this month the Chinese Anti-trust authority (NDRC) gave its decision in the Qualcomm matter involving Chinese Anti-Monopoly Law (AML).  This decision is a landmark decision where Qualcomm was found to have engaged in anti-competitive conduct relating to the licensing of standard essential patents (“SEPs”) for wireless communication technology and baseband

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