ARTICLE
31 August 2020

UK Supreme Court Confirms That English Courts Can Determine Global FRAND Terms

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J A Kemp LLP

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J A Kemp is one of the largest UK and European patent and trade mark attorney firms, with offices in London, Oxford, Cambridge, Paris and Munich.  The firm works for a huge variety of clients, from startups, spinouts and SMEs through to some of the largest corporate clients and most prestigious academic institutions in the world.
The UK Supreme Court has upheld the landmark judgement by Birss J in 2017 that an English court can grant an injunction to restrain infringement of declared standard essential UK patents, ...
United Kingdom Intellectual Property

The UK Supreme Court has upheld the landmark judgement by Birss J in 2017 that an English court can grant an injunction to restrain infringement of declared standard essential UK patents, with a proviso that the injunction would cease to have effect if the defendant entered into the FRAND licence settled by the English court. Also upheld by the UK Supreme Court was the finding by Birss J that, in the circumstances, the FRAND licence would necessarily be a global (worldwide) licence, not a licence only in respect of the UK patents.

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