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January 2022

“Global Overview” chapter, Intellectual Property & Antitrust 2022

Lexology Getting the Deal Through

Acknowledging the active debate over industry standards at the intersection of antitrust and IP, this chapter addresses the focus competition authorities and courts around the world are placing on standard essential patents (SEPs) and the role that standard-setting organizations (SSOs) and their reliance on fair, reasonable and nondiscriminatory (FRAND) IP licensing terms have on creating risks and perverse incentives in the “patent hold-up”/”patent  hold-out” dynamic. The chapter provides a high-level discussion of how the US, UK, EU, China, and Korea are addressing this issue, while also covering other notable developments, including key trademark infringement settlement agreements and the US DOJ’s approval of universities’ patent pools.

Reproduced with permission from Law Business Research Ltd. This article was first published in Lexology GTDT—Intellectual Property & Antitrust 2022. For further information, please visit: