Extraits de la conférence de presse de Joaquín Almunia, sur l'utilisation par deux producteurs de téléphones de brevets essentiels liés à une norme
On 29 April 2014, Joaquín Almunia, Vice-President of the EC in charge of Competition, gave the EC position on Motorola and Samsung's decisions on standard essential patents (SEP).
The European Commission has rendered commitments offered by Samsung Electronics (Samsung) legally binding under EU antitrust rules. According to these commitments, Samsung will not seek injunctions in Europe on the basis of its standard essential patents (SEPs) for smartphones and tablets against licensees who sign up to a specified licensing framework. Under this framework, any dispute over what are fair, reasonable and non-discriminatory (so-called "FRAND") terms for the SEPs in question will be determined by a court, or if both parties agree, by an arbitrator. The commitments therefore provide a "safe harbour" for all potential licensees of the relevant Samsung SEPs. Indeed, potential licensees that sign up to the licensing framework will be protected against SEP-based injunctions by Samsung.
The European Commission also adopted a decision which finds that Motorola Mobility's (Motorola) seeking and enforcement of an injunction against Apple before a German court on the basis of a smartphone standard essential patent (SEP) constitutes an abuse of a dominant position prohibited by EU antitrust rules in view of the particular circumstances in which the injunction was used . The Commission has ordered Motorola to eliminate the negative effects resulting from it. PHOTO