FRAND & Competition Law

Intellectual property disputes can often encompass aspects of competition law and other commercial law elements, and members of chambers have extensive experience in handling cases involving associated commercial and competition law issues.

Members of chambers have been extensively involved in the important emerging area of Fair, Reasonable and Non-Discriminatory (FRAND) licensing, with members of chambers acting on both sides in Unwired Planet v Huawei  [2017] EWHC 2988 (Pat), a landmark case spanning issues of competition law, jurisdictional law and contract law, in which the UK court for the first time set the terms of a global FRAND licence. The decision was recently upheld by the Court of Appeal ([2018] EWCA Civ 2344) and the Supreme Court hearing is pending. Several members of chambers are also involved in the ongoing litigation between Conversant Wireless Licensing and mobile phone manufacturers Huawei and ZTE which has also raised important questions of jurisdictional law in relation to FRAND disputes, recently ruled on by the Court of Appeal in Huawei Technologies v Conversant Wireless [2019] EWCA Civ 38. That case is also going to be considered by the Supreme Court.