Monday, September 17, 2018

FRAND Perspectives from India, Spain

1.  Subhajeet Roy has published a post on SpicyIP titled Deconstructing the FRAND Regime vis-à-vis Recourse to Injunctive Relief.  The author provides a brief recap of the debates for and against injunctive relief in SEP cases, notes some of the governing standards in the E.U., the U.S., China, and India, and concludes that "The key takeaway from this debate is that it is crucial to encourage the parties to engage in good-faith negotiations and induce them to reach a consensus. More often than not, in the absence of a universally acclaimed method of determining FRAND royalty rates, courts go into the negotiating history of the parties. This often turns out to be the single most important factor in grant of an injunction in FRAND encumbered patents."

Also of interest on SpicyIP is Divij Joshi's recent post tiled "Drugs Are Not Sweets"-Bombay HC Imposes Exemplary Costs for Pharma Trademark Infringement.  If I understand correctly, the court in Glenmark v. Curetech awarded 1.5 crores (about $US 200,000) in exemplary damages (not costs in the sense of attorneys' fees) to be payable to charity, which the author says is probably the largest such award in Indian trademark law.

2.  Judge Enrique Sanjuan and Professor Ana Belen Campuzano have posted a paper titled Valuation of Patents in Spanish LawHere is a link to the paper, and here is the abstract: 
This study deals with the necessary adaptation of Spanish law to the new European regulations on FRAND licenses and focuses on the valuation of the so-called standard-essential patents (SEP). From the criteria followed in the USA and UK, our regulations must adapt to the valuation system in these new cases given the lack of rules and according to the European Union legal ordering. However, a consideration of the nature of such licenses is necessary first, that American and European doctrine put in the contractual field.

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