NIPC Law

Chongqing Municipal People's Auditorium Author Iswzo   Licence CC BY-SA 4.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Jackson, Arnold and Birss)  Samsung Electronics Co., Ltd and another v ZTE Corporation and other s [2025] EWCA Civ 1383 (31 Oct 2025) This was an appeal by ZTE Corporation and others ("ZTE") against the decision of Mr Justice Mellor in  Samsung Electronics Co Ltd and Another v ZTE Corporation and others [2025] EWHC 1432 (Pat) (25 June 2025) to grant Samsung Electronics Co Ltd and Samsung Electronics (UK) Ltd ("Samsung"), the following interim declarations: "1. ZTE are in breach of their obligations of good faith under clause 6.1 of the ETSI IPR Policy. 2. A willing licensor in the position of ZTE, and in light of the undertaking given by Samsung, would enter into the interim cross-licence with Samsung on terms and including the sum to be paid by Samsung by way of royalty in respect of the interim licence period...

Great Hall, Royal Courts of Justice Author Aurelien Guichard   Licence CC BY-SA 2.0   Source Wikimedia Commons Jane Lambert Court of Appeal (Lords Justices Newey and Arnold and Lady Justice Falk)  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (PUBL) and another [2025] EWCA Civ 182 (28 Feb 2025 ) This was an appeal against Mr Justice Richards's refusal to grant a declaration that a willing licensor and a willing licensee in the situation of the parties to this litigation would agree to, and actually enter into, a short-term cross-licence that would expire once either an English court or the US District Court for the Eastern District of North Carolina fixes the terms of a FRAND cross-licence (see  Lenovo Group Ltd and others v Telefonaktiebolaget LM Ericsson (publ) and another [2024] EWHC 2941 (Pat) (19 Nov 2024)). The appeal was heard by Lords Justices Newey and Arnold and Lady Justice Falk on 25 Feb 2025 and judgment was handed down on...

European Commission Author:  Amio Cajander Source Wikipedia Creative Commons Licence A Euro-defence is an answer to a claim for the infringement of an intellectual property or other right under national law based on the primacy of European Union law. In the early days of our membership of what used to be called the European Economic Community such defences were pleaded quite regularly and they often succeeded. Probably the high water mark was Magill  ( Radio Telefis Eireann and Others v Commission of the European Communities   [1995] 4 CMLR 718, [1995] EUECJ C-241/91P, [1995] EMLR 337, [1995] All ER (EC) 416, [1995] ECR I-743, [1995] FSR 530, [1998] Masons CLR Rep 58) where the Court of Justice held that the enforcement of broadcasters' copyrights constituted an abuse of a dominant position within the meaning of art 86 of the Treaty of Rome (now  art 101 of the Treaty on the Functioning of the European Union as it has now bec...