Antitrust Chronicle^® – LeadershIP EU

Dear Readers,

In this edition of the CPI Chronicle, we present a set of articles authored by participants in the LeadershIP EU roundtable that took place in November 2019. LeadershIP is a working group that promotes open, balanced discussion on global issues related to intellectual property and antitrust policy. Indeed, fostering innovation to the benefit of consumers is one of the key goals of both the IP and the antitrust rules. Nonetheless, the relationship between the two bodies of law is not always clear-cut, and merits detailed and nuanced discussion.

The questions discussed in this edition touch on many hot topics: What are the pros and cons of patent pools, and how should they be treated under the existing EU legal framework? How should fair, reasonable and non-discriminatory (“FRAND”) terms be defined, and determined? How should the interests of patent holders and implementers be balanced in standard-essential patent (“SEP”) disputes arising from standard-setting organizations (“SSOs”)? Indeed, are SEP holders under a duty to license SEPs on FRAND terms under U.S. law? In light of these and other questions, what are the merits of SSOs, as opposed to other means of organizing innovation?

Answering these questions is by no means straightforward, and our authors draw on their wealth of experience to contribute to a balanced, open debate.

Lastly, please take the opportunity to visit the CPI website and listen to our selection of Chronicle article