Emerging Patterns in the Judicial Determination of FRAND Rates: Comparable Agreements and the Top-Down Approach for FRAND Royalties Determination

2020 ◽  
Vol 69 (9) ◽  
pp. 885-892
Author(s):  
Haris Tsilikas
Keyword(s):  
Case Law ◽  
The Past ◽  
The Us ◽  
Emerging Patterns ◽  
Common Thread ◽  
The Common ◽  
Practical Guidance ◽  
Licensing Agreements ◽  
The Eu

Abstract The massive adoption of wireless technologies over the past decades has also brought about disputes regarding the interpretation of FRAND in the context of actual commercial relations. Courts in several jurisdictions worldwide ‒ in the EU, the US, China, India and Korea, among others ‒ have been called upon to flesh out FRAND terms or to assess conformity with FRAND principles. This body of case law provides rich insights into the workings of the markets for standards, but also practical guidance for parties as well as policymakers seeking a better understanding of the situation ‒ business and legal ‒ on the ground. The present article outlines some of the emerging patterns in SEP litigation worldwide, focusing on the judicial determination of FRAND rates. The common thread across jurisdictions regarding FRAND-rate determination is reliance on evidence and data in comparable licensing agreements. It is argued that comparable licensing agreements, i.e. licensing agreements signed with similarly situated parties, provide for the most reliable evidence on how markets price standardised technologies and SEPs.

scholarly journals Future In The Past: The Problem Of Values In Transatlantic Relations

2006 ◽  
Vol 11 ◽  
pp. 9-29
Author(s):  
Ana-Maria Stoian
Keyword(s):  
Transatlantic Relations ◽  
Second World War ◽  
Comparative Approach ◽  
World War ◽  
The Past ◽  
Norms And Values ◽  
The Us ◽  
The Common ◽  
Second World ◽  
The Eu

This paper discusses the importance of norms and values in the transatlantic relations. Beginning with the values that shaped the transatlantic partnership at the end of the Second World War, the analysis questions the redefinition of transatlantic values at the beginning of the 21st century, emphasizing patterns of convergence and divergence. Using a comparative approach, the article presents values, norms and principles explaining the domestic and international behaviour of the US and the EU. The main argument of the paper is that there are not two different sets of values, a European and an American one, but a single transatlantic set of values (a Western one), with some distinct elements and approaches. There is not a great departure from the common matrix of values so that to endanger the US-European relationship indefinitely.

scholarly journals The Biosimilar Landscape: An Overview of Regulatory Approvals by the EMA and FDA

Pharmaceutics ◽  
2020 ◽  
Vol 13 (1) ◽  
pp. 48
Author(s):  
Ioana Gherghescu ◽  
M. Begoña Delgado-Charro
Keyword(s):  
Drug Administration ◽  
Action Plan ◽  
European Medicines Agency ◽  
Patient Access ◽  
Clinical Evaluations ◽  
The Past ◽  
The Us ◽  
Improve Patient ◽  
The Eu

Biosimilar medicines expand the biotherapeutic market and improve patient access. This work looked into the landscape of the European and US biosimilar products, their regulatory authorization, market availability, and clinical evaluation undergone prior to the regulatory approval. European Medicines Agency (EMEA, currently EMA) and Food and Drug Administration (FDA) repositories were searched to identify all biosimilar medicines approved before December 2019. Adalimumab biosimilars, and particularly their clinical evaluations, were used as a case study. In the past 13 years, the EMA has received 65 marketing authorization applications for biosimilar medicines with 55 approved biosimilars available in the EU market. Since the first biosimilar approval in 2015, the FDA has granted 26 approvals for biosimilars with only 11 being currently on the US market. Five adalimumab biosimilars have been approved in the EU and commercialized as eight different medicines through duplicate marketing authorizations. Whilst three of these are FDA-approved, the first adalimumab biosimilar will not be marketed in the US until 2023 due to Humira’s exclusivity period. The EU biosimilar market has developed faster than its US counterpart, as the latter is probably challenged by a series of patents and exclusivity periods protecting the bio-originator medicines, an issue addressed by the US’s latest ‘Biosimilar Action Plan’.

Rethinking of Turkey’s Geopolitics together with Eastern Mediterranean. Turkish Perspective

2021 ◽  
Vol 705 (2) ◽  
pp. 45-66
Author(s):  
Arıboğan Deniz Ülke ◽  
Ibrahim Arslan
Keyword(s):  
Middle East ◽  
Raw Materials ◽  
Eastern Mediterranean ◽  
International System ◽  
The United States ◽  
The Past ◽  
Humanitarian Interventions ◽  
The Us ◽  
Transportation Accessibility ◽  
The Eu

In the studies carried out within the scope of geopolitical discipline, the expression "geography is destiny" is frequently used and it is claimed that geography has unchangeable, irreversible qualities and the policies implemented are shaped through this assumption. This assumption ignores the humanitarian interventions over the geography and makes it difficult to understand the results produced by these interventions at both regional and global level. Similarly, the dynamic nature of international relations reveals new actors in the international system in times of bounce and collapse, and the borders that expand or narrow with each transformation can differentiate the geopolitical view with new sovereign countries. In the historical process, transportation accessibility, trade, search for raw materials, security and alliance relations have caused the same geography to be interpreted differently in different periods. This situation also applies to the geography of Turkey had been the homeland of empires. The developments in the Middle East over the past two decades has created a sensitivity in the relations between Turkey and the West, especially the United States. Competing interests with the EU and the US in the Middle East and the Eastern Mediterranean, has necessitated a reassessment of Turkey's geography.

The European Court of Human Rights and Transnational Judicial Dialogue

ICL Journal ◽  
2015 ◽  
Vol 9 (3) ◽  
Author(s):  
Carla M Zoethout
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Case Law ◽  
Judicial Decision ◽  
Council Of Europe ◽  
Judicial Decision Making ◽  
The Past ◽  
European Court ◽  
Foreign Law ◽  
The Us

AbstractOver the past decade, the European Court of Human Rights (ECtHR) seems more and more inclined to use foreign sources of law, that is to say, law that does not originate in the Convention itself or in one of the Member States of the Council of Europe. Unlike in the US, there is little discussion in Europe about this form of judicial dialogue in the case-law of the ECtHR. This paper seeks both to clarify transnational dialogue by the ECtHR and find ways to justify this practice, against the backdrop of the American debate on this topic. First, the concept of transnational judicial dialogue is analysed (Part II). Then judicial dialogue as it presents itself in the judgments of the ECtHR is assessed, especially when non-Convention or foreign law is being used in a substantive way (Part III). Subsequently, an attempt is made to define when and why the use of foreign law by the ECtHR can be considered a justifiable approach in judicial decision-making (Part IV). The paper rounds off with some concluding remarks (Part V).

The Area of Freedom, Security and Justice in the Light of the EU Accession to the ECHR—Is the Break-up Inevitable?

2013 ◽  
Vol 15 ◽  
pp. 227-254
Author(s):  
Alexander Kornezov
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Judicial Control ◽  
European Arrest Warrant ◽  
Common European Asylum System ◽  
Core Elements ◽  
Recognition And Enforcement ◽  
The Common ◽  
The Eu

AbstractEven though the decision to accede to the European Convention on Human Rights and Fundamental Freedoms (ECHR) is a fait accompli, the terms under which the accession should take place are still very much open to debate. The present chapter focuses specifically on the possible tensions which may arise in the aftermath of the EU’s accession to the ECHR in four of the core elements of the EU area of freedom, security and justice (AFSJ): recognition and enforcement of judgments in civil and commercial matters, wrongful removal or retention of a child, the Common European Asylum System and the European Arrest Warrant. It then puts forward a number of solutions which could be included either in the accession agreement itself or in the post-accession case law of the ECtHR and which allow not only for the preservation of the coherence and integrity of the AFSJ but also for external judicial control on human rights matters in the AFSJ.

The Court of Justice of the EU and the Common European Asylum System: Entering the Third Phase of Harmonisation?

2010 ◽  
Vol 12 ◽  
pp. 53-71
Author(s):  
Samuel Boutruche Zarevac
Keyword(s):  
Case Law ◽  
Third Party ◽  
Third Phase ◽  
Court Of Justice ◽  
Common European Asylum System ◽  
Special Expertise ◽  
The Common ◽  
Fundamental Values ◽  
The Eu

Abstract ‘That assessment of the extent of the risk [of persecution] must, in all cases, be carried out with vigilance and care, since what are at issue are issues relating to the integrity of the person and to individual liberties, issues which relate to the fundamental values of the Union.’ The case law of the Court of Justice of the EU concerning the Common European Asylum System (CEAS) is still limited. Nonetheless, even this limited case law already offers interesting insights into analysing the potential role of the Court of Justice of the EU in the development of the CEAS, and this jurisprudence is in any event likely to grow significantly, due to the fact that the provisions of the CEAS are the result of a political compromise and so lack clarity. This chapter examines the ruling delivered by the Court in the case of Elgafaji, which contains certain elements which address the interpretative difficulties raised by Article 15(c) of the Qualification Directive, and goes on to consider, through a discussion of the recent ruling in Abdulla, the extent to which the Court’s interpretation of those provisions of the CEAS which replicate the wording of the 1951 Convention will influence the interpretation of this international instrument, and the difficulties presented in this context. The extent of this influence remains to be seen, but it is clear in any event that the Court of Justice is likely to play a major role in the development of the CEAS. One amendment which may prove necessary is the modification of the Court of Justice’s procedural rules such that it can take into account the views of third-party organisations with a special expertise in this field.

The Globalization of Carbon Trading: Transnational Business Coalitions in Climate Politics

2011 ◽  
Vol 11 (2) ◽  
pp. 26-50 ◽  
Author(s):  
Jonas Meckling
Keyword(s):  
Global Climate ◽  
Low Cost ◽  
Policy Instrument ◽  
Carbon Trading ◽  
Environmental Groups ◽  
Climate Politics ◽  
The Past ◽  
The Us ◽  
The Uk ◽  
The Eu

Over the past decade, carbon trading has emerged as the policy instrument of choice in the industrialized world to address global climate change. In this article I argue that a transnational business coalition, representing mostly energy firms and energy-intensive manufacturers, actively promoted the global rise of carbon trading. In this process, business was able to draw on the support of government allies and business-oriented environmental groups, particularly in the UK and the US. Alongside its allies, the coalition had pivotal influence in the internationalization of carbon trading through the Kyoto Protocol, in the U-turn of the EU from skeptic to frontrunner on carbon trading and in the re-import of carbon trading to the US. While business was not able to prevent mandatory emission controls, it was able to critically affect the regulatory style of climate policy in favor of low-cost, market-based options.

The World Economy

2003 ◽  
Vol 183 ◽  
pp. 8-33
Keyword(s):  
South America ◽  
World Economy ◽  
Consumer Demand ◽  
Modest Improvement ◽  
Cyclical Variation ◽  
The Past ◽  
The Us ◽  
The World ◽  
The Eu

Risks of a US driven slowdown in world activity have receded in the past few months, as US consumer demand remains robust. However, a worsened outlook for Germany and Japan suggests that the recovery will be more gradual than previously anticipated, in part as a consequence of the strengthening of the euro and the yen against the dollar in recent months. We estimate that world growth recorded a modest improvement in 2002, rising to 2.7 per cent from 2.2 per cent in 2001. However, regional cyclical variation increased last year. While 2001 saw a sharp slowdown in growth across all the major regions of the world, with the world's three largest economies recording outright recessions, growth accelerated last year in the US, China and Dynamic Asia, but slowed further in the EU, Japan and South America.

scholarly journals Regulation of the food waste measuring in the EU in the light of the need of counteracting the food wastage

2019 ◽  
Vol 30 (4) ◽  
pp. 1-7
Author(s):  
Sylwia Łaba ◽  
Mikołaj Niedek ◽  
Krystian Szczepański ◽  
Robert Łaba ◽  
Anna Kamińska-Dwórznicka
Keyword(s):  
Food Waste ◽  
Current Data ◽  
The European Union ◽  
Member States ◽  
Uniform System ◽  
Eu Member States ◽  
The Common ◽  
Different Characteristics ◽  
The Eu

Abstract The paper presents the analysis of the guidelines of the European Union, adopted in May, 2019, on the common methodology and quality requirements for the uniform system of measuring the food waste levels in the EU Member States. The Waste Framework Directive obliges the Member States to monitor the generation of food waste and to take measures to limit their production; however, a lack of uniform, reliable method for measuring the food waste levels in the EU causes that it is difficult to evaluate the scale of the problem, its sources and the related tendencies in time. The food waste is generated across the whole food supply chain; so, it is especially troublesome to determine the level of the discussed waste. The food waste with different characteristics, different source and different reasons for its generation is produced in each stage of the chain. The current data on the food wastes do not specify their quantities. In connection with this fact, a separate legal act was developed, that is, the Commission Delegated Decision (EU) dated 3 May 2019, focusing on the measuring of food waste, which is harmonized with the existing systems of data collection and provides a framework for further measures of the Member States in respect of the quantitative determination of the food waste that is generated.

scholarly journals The asymmetric evolution of the social case-law of the Court of Justice: new challenges in the context of the European pillar of social rights

2019 ◽  
Vol 3 (2) ◽  
pp. 4-19
Author(s):  
Luis Jimena Quesada
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Social Rights ◽  
Council Of Europe ◽  
The Past ◽  
Legal Provisions ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
New Framework ◽  
The Eu

The author highlights the paradoxical evolution of CJEU’s case-law in the field of social rights and how in the past, it has played a praetorian role in a context of implied powers and modest EU primary legal provisions whereas now, it is showing clear self-restraint under explicit competences and an evolved EU primary law [including the Charter of Fundamental Rights (CFREU)]. From this perspective, the author proposes the opening of the CJEU to the new framework of the European Pillar of Social Rights, as part of the broader Turin process for the European Social Charter, through positive judicial willingness (by taking into account the synergies between the EU and the Council of Europe – including the case-law from the European Committee of Social Rights).

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