This is a brief follow-up to my previous post on the dispute between the EU and China concerning standard essential patents (SEPs). In that post, I discussed how the dispute regarding anti-suit injunctions (ASI) was resolved by Arbitrators at the WTO. In this post, I will be focusing on another aspect of the dispute between… Continue reading EU vs. China (Part 2): Worldwide Licensing Terms for SEPs
Introduction: What does it mean to ‘give effect’ to the provisions of the TRIPS Agreement? What does it mean to ‘give effect to’ the provisions of the TRIPS Agreement? That is the key question at the centre of the dispute between the EU and China at the WTO regarding anti-suit injunctions in standard essential patents… Continue reading EU vs. China: SEPs, FRAND, and the Territoriality of IP Rights at the WTO
Now that the WTO members have finally been able to agree on a TRIPS ‘waiver’ for covid-19 at the 12th Ministerial Conference, it is time to critically evaluate this waiver decision. To start with, the only key waiver in this decision is in its paragraph 3(b) which permits an eligible member to waive Article 31(f)… Continue reading The TRIPS COVID ‘Waiver’ Decision: Rhetorical Action or Realistic Solution?
Happy new year to you, dear reader. So, I have had the chance to quickly look through the intellectual property provisions of the EU-UK Trade & Cooperation Agreement (TCA). I read the version of the TCA that is available on the UK government’s website here dated 24 December 2020. The analysis below is based on… Continue reading Intellectual Property in the EU-UK (Brexit) Trade and Cooperation Agreement
Emmanuel Oke 