Concurrences’ Post

A very insightful article by Cleary partner Matteo Beretta and counsel Fausto Caronna “Competition, the Italian Competition Authority’s New Superpowers,” published by Il Sole 24 Ore in Econopoly. Read it here: https://ow.ly/HjKN50RH8HT #Antitrust #CompetitionLaw #Italy

recommended must read when it launches.

Thanks Euractiv and al lthe panelists for arranging and inviting International Trademark Association (INTA) to the dialogue "The Future of SEPs and Innovation in Europe". As we navigate the evolving landscape of intellectual property, it's crucial to explore how Standard Essential Patents can drive innovation while balancing accessibility and fairness.

POSIDONIA 2024 sees flury of new business deals as shippig industry makes statement of intent in a boos for global trade and ecoomic growth: The 28th edition of the biennial Posidonia Exhibition came to an end today proving once again that it is the most sought-after event to conduct business and set the policy agenda for an industry that controls over 80% of the world trade and is projected to be worth $4.2 trillion by 2031, growing at a […] La entrada POSIDONIA 2024 sees flury of new business deals as shippig industry makes statement of intent in a boos for global trade and ecoomic growth se publicó primero en Actualidad Marítima y Portuaria.

📢 Essential Title: Why Competition? 🌟 🌍 Why does competition matter? This landmark collection, edited by three expert editors: Randolph Tritell, Damien Gerard and Daniel A. Crane, brings together over 100 global thinkers to explore this vital question, celebrating 20 years of Concurrences! 🎉 ✨ Featuring insights from renowned experts: - Reiko Aoki (Japan Fair Trade Commission) - Caron Beaton-Wells (University of Melbourne) - Anthony M. Collins (Court of Justice of the European Union) - Deborah Healey (UNSW) - Josef Drexl (Max Planck Institute for Innovation and Competition) - Ian Forrester KC (Ian Forrester Consulting) - Lilian Santos Marques Severino (Brazilian Administrative Council for Economic Defense (CADE)) - Fiona Scott Morton (Yale University) - Martijn Snoep (The Netherlands Authority for Consumers and Markets) - Anne Wachsmann-Guigon (Linklaters) - Rod Sims (The Australian National University) - Connie Lee (NERA) - María Luisa (Marisa) Tierno Centella (European Commission) ...and many more! 💡 Their diverse perspectives offer fresh, thought-provoking insights into how competition shapes economies, drives innovation, and fuels societal progress. Order the book now: https://lnkd.in/e2rscGX3 Read the Foreword, the Editors' and the Publishers' Notes here: https://lnkd.in/eM4mNdJw #concurrences #20years #anniversary #whycompetition #law #antitrust

Andrew Currier from PCK Intellectual Property offers an insightful take on the impact of foreign firms entering Canada’s IP market in a recent Canadian Bar Association National Magazine article. While some see market consolidation as a looming challenge, Andrew points out the opportunities for Canadian firms to leverage their local expertise and position themselves as leaders in this evolving landscape. Read the full article for more on how these changes could reshape the Canadian IP market: https://lnkd.in/e5j5-Xqk

Viewing this from a large Chinese firm in Shanghai, the exodus of foreign law firms from China is part of the overall trend for foreign businesses here and should be seen as an expected and natural result of the development of China’s economy and service sector. Local firms have a lower cost structure, can provide a much wider range of services, know how to market locally, and simply are more familiar with the local practice and clients. Foreign firms will still play a role here, but will increasingly be limited to outbound work that doesn’t require offices and people in China. Jessica Seah

Interesting take on the exodus of foreign law firms, and probably quite true. In addition, foreign law firms are banned from engaging in many areas of Chinese law, which would make them even less attractive to both international and local clients requiring their services for business in the market

AND HERE IT IS: UPC's 1st FRAND decision on substance! Lokalkammer Mannheim, UPC_CFI_ 210/2023, Panasonic/OPPO - injunction, damages granted - UPC competent to hear counter-claim for FRAND determination (as I predicted only recently in our webinar: https://lnkd.in/gTCGmEmZ - unFRAND nature of infringer's counteroffer determined - SEPs no "second-class" patents but fully enforceable via injunctions - no need to decide on UK declaratory judgment petition - following CJEU, claims for damages, accounts not curtailed as injunction by FRAND dance rules; damages not per se limited to license analogy - Division sees itself fully bound the CJEU Huawei/ZTE - However, no need for referal to CJEU on any point as all clarified; COM amicus brief, which Division takes into consideration, does not alter the referral issue but Division also considers it on substance - flexibility on form and content of infringement notice necessary - willingness to license to be determined as per entire conduct of infringer (viz. BGH, not COM) -need to seriously assess FRANDliness of SEP holder offer (viz. COM, not traditional Munich approach) - permissible for patentee to move on from initial to differing final offer, fact of yielding in negotiations no sign of unFRANDliness - FRAND a range, not a dot - no need for SEP holder to go for lowest royalty within the range or calculate based on methodology preferred by infringer - much weight attached to comparable licenses - in casu infringer no willing licensee, lack of sharing relevant information as key conduct flaw; self-contradicting license offers unhelpful and violation of procedural good faith - at least patentee's final offer was FRAND; multiple objections by infringer only during litigation belated, unhelpful

Join us in the book launch of the 3rd edition of "Schiedsgerichtsbarkeit", a handbook on international arbitration in the DACH region, co-edited with Hellwig Torggler, Friederike Schäfer, Florian Mohs and Lukas Wedl and published by Nomos Verlagsgesellschaft, Verlag Österreich and Schulthess Juristische Medien AG. It takes place right after today's conference day of the Vienna Arbitration Days. #InternationalArbitration #Vienna #DACH