2025 · China · European Union · FRAND · Patents · SEPs · Territoriality · TRIPS Agreement · United Kingdom

EU vs. China (Part 2): Worldwide Licensing Terms for SEPs

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

2025 · China · European Union · FRAND · International Intellectual Property Law · SEPs · Territoriality · TRIPS Agreement · WTO

EU vs. China: SEPs, FRAND, and the Territoriality of IP Rights at the WTO

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

2021 · Brexit · European Union · Intellectual Property · International Intellectual Property Law · TRIPS Agreement · United Kingdom

Intellectual Property in the EU-UK (Brexit) Trade and Cooperation Agreement

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

2020 · Freedom of Expression · Human Rights · Intellectual Property · Trademark Law · Trademarks

‘Immoral’ Trademarks and Freedom of Expression: The EU and the USA Compared

There is a prohibition on the registration of ‘trade marks which are contrary to public policy or to accepted principles of morality’ in the European Union (see Article 7(1)(f) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark). Until as recently… Continue reading ‘Immoral’ Trademarks and Freedom of Expression: The EU and the USA Compared