Abstract
Abstract Matthias Leistner recently addressed the question of how the Unified Patent Court should implement the decision of the Court of Justice of the European Union (CJEU) in Huawei v. ZTE in patent infringement proceedings involving a FRAND defence (GRUR Patent 2024, 327). In this context, he takes the view that the Unified Patent Court could and should – like the English courts – determine the terms of a FRAND licence agreement in the case of mutually ‘willing’ parties who are neither able to agree on the terms of such an agreement nor willing to accept a binding provision and its modalities by an arbitration tribunal or a third party. This article attempts to shed light on the prerequisites and limits of such a judicial FRAND determination.
Published Version
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