Menu
European Commission opens comment period on Samsung's proposed patent remedies

European Commission opens comment period on Samsung's proposed patent remedies

'Interested parties' may offer opinions on Samsung's proposal to avoid EU sanctions

Interested parties, including Apple, may comment on a proposal from Samsung to refrain from seeking injunctions for five years against any company that agrees to a licensing framework regarding mobile standard essential patents in Europe.

The European Commission announced Thursday that it would allow the market to "test" what are called "commitments" made by Samsung with the aim of avoiding sanctions over injunctions the South Korean company brought against Apple for using essential patents in several E.U. member states.

Holders of standard essential patents are required to license them on fair, reasonable and nondiscriminatory, or FRAND, terms. However, Samsung had sought to stop Apple from using particular patents, which the Commission decided was an abuse of Samsung's dominant market position.

As a result, Samsung dropped requests to ban Apple products in Britain, France, Germany, Italy and the Netherlands. The company has now offered to abstain from seeking injunctions for mobile standard essential patents for the five-year period when any company agrees to a particular licensing framework.

The Samsung patents in question relate to the European Telecommunications Standardisation Institute's 3G UMTS standard, a key industry standard for mobile and wireless communications.

"Seeking injunctions before courts is generally a legitimate remedy for patent holders in case of patent infringements," the Commission said in a statement. "However, access to patents which are standard-essential is a precondition for any company to sell interoperable products in the market."

Interested parties can submit their comments about Samsung's proposal to the European Commission for one month. If the Commission concludes, in light of the comments received, that the commitments address the competition concerns, it may decide to make them legally binding on Samsung. However if they are not deemed sufficient, it can still decide to fine Samsung up to 10 percent of its global annual turnover.

Follow Jennifer on Twitter at @BrusselsGeek or email tips and comments to jennifer_baker@idg.com.

Follow Us

Join the New Zealand Reseller News newsletter!

Error: Please check your email address.

Tags Appleconsumer electronicsintellectual propertyeuropean commissionpatentSamsung Electronicslegalsmartphonesmobile

Slideshows

Top 50 defining moments of the New Zealand channel in 2016

Top 50 defining moments of the New Zealand channel in 2016

Reseller News looks back on a tumultuous 12 months for the New Zealand channel, assessing the fallout from a year of sizeable industry change. Whether it be local or global mergers and acquisitions, distribution deals or job changes, the channel that started the year differs somewhat to the one set to finish it - Reseller News assesses the key moments that made 2016.​

Top 50 defining moments of the New Zealand channel in 2016
​Hewlett Packard Enterprise honours high achieving NZ channel

​Hewlett Packard Enterprise honours high achieving NZ channel

Hewlett Packard Enterprise honoured its top performing Kiwi partners at the second running of its HPE Partner Awards in New Zealand, held at a glitzy ceremony in Auckland. Recognising excellence across eight categories - from distributors to resellers - the tech giant celebrated its first year as a standalone company, following its official split from HP in 2015.

​Hewlett Packard Enterprise honours high achieving NZ channel
Nutanix treats channel partners to Christmas cruise

Nutanix treats channel partners to Christmas cruise

Nutanix recently took to the seas for a Christmas Cruise around Sydney Harbour with its Australia and New Zealand staff, customers and partners to celebrate a stellar year for the vendor. With the sun out, they were all smiles and mingled over drinks and food.

Nutanix treats channel partners to Christmas cruise
Show Comments