Mobile technology was a hotbed of patent litigation in the previous decade involving Apple Inc, Microsoft, HTC Corp, Motorola, Samsung Electronics and Nokia. — Reuters
BRUSSELS: The European Commission has tweaked draft patent rules to make it easier for patent holders to sue companies over royalty disputes, following criticism that an earlier draft favoured users while restricting patent owners from seeking injunctions.
The European Union (EU) executive, which will announce the draft rules soon, is hoping the move will end costly legal spats over patents essential to key technologies for telecoms equipment, mobile phones, computers, connected cars and smart devices.
Mobile technology was a hotbed of patent litigation in the previous decade involving Apple Inc, Microsoft, HTC Corp, Motorola, Samsung Electronics and Nokia.
EU officials said worries of a patent war involving the automotive industry and the Internet of Things technology as well as China’s growing share of key patents were key reasons for the commission’s proposed rules.
The latest draft seen by Reuters allowed patent holders to ask a court for injunctions against infringing companies even while the two sides negotiate on fair, reasonable and non-discriminatory (FRAND) royalties under the auspices of the European Intellectual Property Office.
A draft blocked such legal action until the conclusion of the FRAND-setting process. The obligation to initiate FRAND determination should not be detrimental to the effective protection of the parties’ rights. — Reuters
