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Page 1 of 7 Sector - Competition/antitrust

China’s anti-trust regime poses serious challenges for foreign IP owners

China premier Li Keqiang has indicated that his country’s authorities are to step up efforts to address the perceived intellectual property abuses of both domestic and foreign entities. But while IP owners will be pleased to hear that infringers could face tougher penalties, they should also be aware that their own activities may come under far closer antitrust scrutiny than was previously the case. Speaking at a World Economic Forum meeting in Tianjin earlier this week, ...

Posted by Jack Ellis, IAM Magazine on 11 September 2014 @ 10:09AM
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Merck signposts a new strategy for patent owners in India

US pharmaceutical company Merck & Co – known as Merck Sharp & Dohme (MSD) outside of North America – has entered into an alliance with generic drug maker Cipla to co-market one of its antiretroviral treatments in India, Bloomberg reports. The strategy might prove a template for other pharmaceutical originators hoping to navigate an increasingly hostile environment in the country. Under the proposed deal, MSD will market its HIV treatment Raltegravir – sold ...

Posted by Jack Ellis, IAM Magazine on 28 March 2014 @ 1:31PM
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Korean Nokia fears point to another IP strategy master class from Microsoft

According to reports from South Korea this week, the Korea Electronics Association (KEA) has filed a complaint with the country’s Fair Trade Commission (FTC) expressing its members’ concerns about the impact of Microsoft’s proposed takeover of Nokia’s mobile devices business. Business Korea states that the KEA – with support from the Korea Software Industry Association, the Korea Semiconductor Industry Association and the Korea Battery Industry ...

Posted by Jack Ellis, IAM Magazine on 13 March 2014 @ 3:05PM
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Parties doing big, multinational patent deals now have a third major antitrust hurdle to clear

Google and Samsung have asked China’s Ministry of Commerce to review Microsoft’s proposed $5.4 billion acquisition of Nokia’s mobile devices business, expressing their concerns that the deal could lead to higher licensing fees for device manufacturers, according to Bloomberg. It has previously been reported that domestic telecoms companies including Huawei and ZTE have submitted similar requests to China’s competition regulators. Their worries seem to arise ...

Posted by Jack Ellis, IAM Magazine on 03 March 2014 @ 3:09PM
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South African government’s trash talk about patent owners diverts attention from real problems

South African health minister Aaron Motsoaledi has described pharmaceutical originator companies as ‘Satanic’ and ‘genocidal’ after details of a proposed campaign in opposition to the country’s prospective IP law reforms were revealed. South Africa’s existing IP laws have been criticised by groups including Médecins sans Frontières (MSF) and the Treatment Action Campaign (TAC) as enabling pharmaceutical originators to ...

Posted by Jack Ellis, IAM Magazine on 20 January 2014 @ 3:53PM
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As Asian economies continue to grow, so does antitrust scrutiny of patents

The Competition Commission of India (CCI) is to investigate Ericsson for alleged anti-competitive practices regarding its patents. The probe comes after Indian mobile handset manufacturer Micromax filed a complaint with the CCI claiming that the Swedish company had demanded unfairly high royalties for licensing its patents relating to the GSM standard of cellular telecommunications technology. According to a CCI order, the dispute between the two companies began back in November ...

Posted by Jack Ellis, IAM Magazine on 03 December 2013 @ 1:07PM
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It is wrong to assume that FRAND and injunctions don’t mix

Earlier this month, this blog suggested that Samsung’s proposal to the European Commission (EC) that it would not seek injunctions against alleged infringers of its standards-essential patents (SEPs) could result in less choice and higher prices for consumers. According to a Europe-focused paper published earlier this year by Gregor Langus, Vilen Lipatov and Damien Neven, it may also be the case that the prospect of injunctions can actually lead to the negotiation of reasonable ...

Posted by Jack Ellis, IAM Magazine on 29 October 2013 @ 4:31PM
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Denying Samsung a level playing field against Apple does not help consumers, it harms them

Samsung has offered to refrain from seeking injunctions against alleged infringers of its standards-essential patents (SEPs) in a settlement proposal made to the European Commission’s Directorate-General for Competition (DG COMP). The publication of Samsung’s offer added to a day of bad news for the Android ecosystem, as across the pond the USPTO confirmed the validity of Steve Jobs’ touchscreen heuristics patent which has been at the centre of several key disputes ...

Posted by Jack Ellis, IAM Magazine on 18 October 2013 @ 3:57PM
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It’s not just foreign companies that suffer trade secrets theft in Asia

Several senior HTC designers are reportedly in custody in Taiwan facing charges that they stole trade secrets from the company and passed them on to the city government of Chengdu in mainland China. HTC has now filed a formal complaint in which it states that the employees involved were planning to leave the company. They are also accused of defrauding HTC out of approximately $300,000 by using forged documents to raise capital for a company they were planning to start in Chengdu.

Posted by Seher Hussain, IAM Magazine on 19 September 2013 @ 3:51AM
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BlackBerry has effectively ruled out maximsing the value of its patents through licensing

Envision IP has been doing some analysis of the BlackBerry patent portfolio in the wake of the announcement that the company is reviewing its strategic options, something that may lead to it being sold in whole or in part, delisted or divesting certain of its assets. Having done their number-crunching the Envision team conclude that: BlackBerry’s patent application filing trends show that the company has continued its focus on R&D and innovation, and it has not slowed in ...

Posted by Joff Wild, IAM Magazine on 14 August 2013 @ 12:54PM
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