Synopsis
This presentation will discuss patent and antitrust issues concerning Standard-Essential Patents (SEPs) and the “Fair, Reasonable and Non-Discriminatory” (FRAND) commitment with special focus on recent smartphone litigations concerning mobile wireless communication SEPs.
SEPs is a definition that refers to those patents that are essential for the implementation of a certain technology standard and FRAND is a commitment that the SEP proprietor is required to make by the standard-setting organization (SSO) to grant license on fair, reasonable and non-discriminatory terms to anyone who needs and would like to use the SEP. Generally, the standardization of technology guarantees the interoperability of products and services, which reduces business and social costs. Yet, it also strengthens the bargaining power of SEPs proprietors in patent licensing as competitors need the technology to bring their product to market. This may lead to patent “hold-ups” and antitrust concerns. Today, discussions over SEPs, the FRAND commitment, and antitrust issues concerning SEPs have become common among practitioners and academics.
Professor Irene Calboli and Ms. Yanbing Li will provide a brief overview of SEPs and FRAND commitment and discuss some of the recent high-profile cases in the EU and China related to mobile wireless communication, including the latest lawsuits between Huawei and Samsung in China and the United States
About the Speakers
Irene Calboli is Lee Kong Chian Fellow, Visiting Professor, and the Deputy Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA), School of Law, Singapore Management University. Irene started her academic career at the University of Bologna and has held visiting positions at the King’s College London, the University of California Berkeley, the University Complutense, De Paul University, and the Max-Planck-Institute for Innovation and Competition. Most recently, she was a visiting professor at the Faculty of Law of the National University of Singapore. Irene’s scholarship focuses on the intersection between intellectual property and international trade.
Ms. Yanbing Li is Yong Pung How Research Fellow at the Applied Research Centre for Intellectual Assets and the Law in Asia, School of Law, Singapore Management University since January 2015. She is also a Ph.D. candidate in Law at the Albert Ludwigs University of Freiburg, Germany and holds a German LL.M. degree in German Law (Deutsches Recht) from the Ruprecht Karls University of Heidelberg, an English LL.M. degree in European Intellectual Property Law and a Chinese LL.M. degree in Civil and Commercial Law. Prior to joining SMU, she was visiting scholar at the Queen Mary University of London from January to July 2013 and the Max Planck Institute for Innovation and Competition in Munich from August 2013 to December 2014. She has recently published an SEPs-related journal article titled “Antitrust Correction for Qualcomm’s SEPs package licensing and its flexibility in China” in IIC [(2016) 47(3) Int’l Rev Intell Prop & Competition L 336].
Fees
a. Seminar fee
Seminar fee of S$150* (inclusive of GST) applies.
b. Group discount fee Group discount fee of S$135* (inclusive of GST) applies if there are at least 10 participants from the same organisation.
c. SMU Alumni fee (for LLB / JD / LLM graduates) Seminar fee of S$135* (inclusive of GST) applies for SMU LLB / JD / LLM Alumni.
d. Student rate Seminar fee of S$38* (inclusive of GST) applies for:
- Full-time undergraduate student (matriculation card must be provided in order to enjoy this entitlement).
- Student undertaking Part B of the Singapore Bar Examinations (for the period from July to Dec 2016. Proof of enrollment with SILE in the form of email confirmation must be provided)
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