IP licences and agreements: recent developments

Abstract

... This article seeks to provide an overview of a number of developments within the last year or so regarding IP licences and agreements, with a focus on (the somewhat surprisingly high number of) cases that have come through the UK courts. Some of the cases reported below involved IP agreements, but some do not (however, many of the principles from these cases have broader application for IP-related agreements across the life sciences, TMT and other sectors). Topics covered below include whether third party option rights under a licence agreement affect exclusivity for patent standing, and who is liable when obligations are performed in line with an agreed standard which subsequently was found to be incorrect. We will also briefly review a case which illustrates the willingness of the UK courts to rule on infringement of foreign patents in the context of licence disputes, and a number of cases that provide a refresher on the basic principles of contractual interpretation as adopted by the UK judges when interpreting provisions in IP agreements. We will also touch upon the first assessment by the UK court of a fair, reasonable and non-discriminatory (FRAND) rate for a licence of standard essential patents (SEPs).