[Ip-health] Fwd: [A2k] EU Advocate General backs sweeping compulsory licenses on standard essential patents for mobile computing devices

Jamie Love james.love at keionline.org
Mon Dec 22 08:36:00 PST 2014


---------- Forwarded message ----------
From: "Gérald Sédrati-Dinet (Gibus)" <gibus at april.org>
Date: Sat, Dec 20, 2014 at 4:54 PM
Subject: Re: [A2k] EU Advocate General backs sweeping compulsory licenses
on standard essential patents for mobile computing devices
To: a2k at lists.keionline.org


Le 20/12/2014 19:46, Jamie Love a écrit :
> The EU continues to move toward the US policy of granting compulsory
> licenses on patents that are infringed, through withholding of
injunctions,
> including in this instance, for standard essential patents for mobile
> computing devices.   (Note, this is consistent with TRIPS Article 44, and
> permits exports).   It is quite important to watch what havoc the TPP and
> TTIP rules will create, to undermine this flexibility.   Jamie

One thing about compulsory licenses: the EU landscape is about to change
dramatically when (and if) the unitary patent is introduced. In this new
scheme, patentees are able to be granted a patent that is enforceable in
(almost) all EU states while compulsory licenses have to be granted
state by state. This means that practically it will be impossible to
have a patent restricted by compulsory licenses.

Detailed legal arguments can be found in Hanns Ullrich (from Munich Max
Planck Institute)'s papers on
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2159672> and
<http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2027920>.

Note that the unitary patent regulations are still subject to a recourse
by Spain before the European Union Court of Justice (EUCJ), but that
Advocate General Yves Bot has recently given its opinion that the
Spanish objection should be rejected. This was obviously not a legally
based opinion but a political stance. The EUCJ is not bounded to this
opinion and its final decision is expected in the following months...
--
Gérald Sédrati-Dinet
http://pascontent.sedrati-dinet.net     http://www.april.org
http://www.unitary-patent.eu            http://laquadrature.net

_______________________________________________
A2k mailing list
A2k at lists.keionline.org
http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org



-- 
James Love.  Knowledge Ecology International
http://www.keionline.org/donate.html
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love



More information about the Ip-health mailing list