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In this issue: Patents Copyright & associated rights Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Patents Xiaomi wins appeal against Panasonic for SEP interim licence (Panasonic Holdings Corp v Xiaomi Technology UK Ltd) Panasonic Holdings Corp v Xiaomi Technology UK Ltd [2024] EWCA Civ 1143 concerned an appeal brought by the Appellants (Xiaomi) challenging a High Court judgment refusing them an interim licence over the Respondent's (Panasonic) standard-essential patents (SEPs) relating to 3G and 4G telecommunications equipment. Both parties had agreed to enter into a global licence for those SEPs on terms to be assessed as fair, reasonable and non-discriminatory (FRAND) by the Patents Court, with that decision expected in December 2024 or January 2025. The appeal was ultimately successful for Xiaomi...
Good character requirement Pursuant to section 6(1) of the British Nationality Act 1981 (BNA 1981) and Sch 1, para 1(1)(b), anyone seeking naturalisation as a British citizen is required to be of good character. This good character test equally covers applicants aged ten or above who seek registration as British citizens. That said, the good character rule does not apply to several categories of applications, notably those brought under: the statelessness routes in BNA 1981, Sch 2 BNA 1981, section 4B, for an eligible individual with no nationality other than as a British Overseas citizen, British subject under BNA 1981, British protected person, or British National (Overseas) BNA 1981, section 4C, for an eligible person born between 1961 and 1983 BNA 1981, sections 4G–4I, for an eligible person who could not previously obtain citizenship because their natural father was not married to their mother (save that, for BNA 1981, section 4F applications, the pertinent registration ground is BNA 1981, sections 1(3),...
This Practice Note outlines the principal provisions of the Electronic Communications Code (the ‘Code’), introduced by the Digital Economy Act 2017 (DEA 2017). It describes: the scope of Code rights; how those rights arise, whether by agreement between the parties or imposed by court order; provisions for assignment, sharing and upgrading; and how consideration and compensation are determined in Scotland. The Code The Code is set out in, and governed by, sections 106–119 and Schedule 3A, Part 1 of the Communications Act 2003 (CA 2003), inserted by DEA 2017, s 4(2) and Sch 1. Commencing on 28 December 2017, it replaced the earlier Electronic Communications Code in Schedule 2 to the Telecommunications Act 1984 (TA 1984), as amended by CA 2003. The Code confers statutory rights on telecommunication operators to enable the establishment and operation of their networks and is designed to support the roll-out of digital technology, including 4G and superfast broadband, throughout the UK. It updates the...
CASE HUB NOTE—appeal lodged before the General Court in Cases T- 671/19 and C- 371/17 ARCHIVED – this archived case hub sets out the position at the date of the decision of 18 July 2019 and is no longer maintained. See further timeline, commentary and related cases. Case facts Outline European Commission Article 102 TFEU investigations into Qualcomm, examining alleged predatory pricing in relation to baseband chipsets (Case AT.39711). Latest development On 18 July 2019, the Commission adopted an infringement decision against Qualcomm, concluding it abused a dominant position by engaging in predatory pricing, selling baseband chipsets below cost to two key customers with the aim of driving a competitor (Icera) out of the market. The Commission imposed a €242m fine on Qualcomm. Parties Qualcomm, a US-based company headquartered in San Diego (California), designs and markets wireless telecommunications products and services from 157 locations throughout the world. It is the world’s largest supplier of baseband chipsets. Background On 16 July...