[A2k] EU Advocate General backs sweeping compulsory licenses on standard essential patents for mobile computing devices

"Gérald Sédrati-Dinet (Gibus)" gibus at april.org
Sat Dec 20 13:54:37 PST 2014

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

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

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