Standards and Patents Committee Webinar – Conduct as a Sword vs. Shield: Willingness in SEP Litigation in Brazil, China and India
22 June 2026 - 22 June 2026 | Webinar | AIPPI
The webinar will explore the evolving role of “willingness” in global SEP/FRAND disputes and how different jurisdictions assess the conduct of patentees and implementers. The webinar will compare approaches rooted in antitrust principles, contractual obligations and equitable considerations, with reference to the German, UK and UPC models as a broader comparative background. Speakers will discuss whether courts focus primarily on the parties’ behaviour during negotiations or on the determination of FRAND economic terms, and how these elements interact in practice.
The discussion will address the legal relevance of the FRAND commitment, the consequences of being found willing or unwilling, and the impact of such findings on injunctions, damages and FRAND determinations. Particular attention will be given to negotiation frameworks, good faith obligations, the role of security payments and the procedural dynamics of SEP litigation. The webinar will also consider whether parties may change their position during litigation and how anti-suit injunctions or parallel proceedings affect the assessment of willingness. By bringing together perspectives from Brazil, China and India, the session aims to provide a comparative overview of one of the most strategically significant concepts in contemporary SEP litigation.
Federico Manstretta, IP Law Galli, Italy
Lawyer at Milan-based boutique IP Law Galli. Specialized in IP, with focus on patent litigation, know-how and trade secrets. PhD in industrial property and competition law, with a thesis defended on SEP enforcement, and visiting periods in the United States and Germany. Author of a 400+ page volume in Italian on the enforcement of Standard Essential Patents, WIPO external expert collaborating on various trade secrets related projects, co-author of Italian Commentaries on Italian IP Code and UPC Rules of Procedure. Member of AIPPI Standards and Patents Committee and author of many essays and judgment notes for national and international law journals.
Marcio Merkl, Abreu Merkl E Advogados Associados, Brazil
Partner at ABREU, MERKL E ADVOGADOS ASSOCIADOS. President of the Intellectual Property Committee of the Brazilian Parana State Bar (OAB/PR), Arbitrator of the Brazilian Intellectual Property Association (ABPI) Arbitration Chamber, former Coordinator of the ABPI International Intellectual Property Law Committee, and Director-Editor of ABPI, coordinating the publishing of the main Brazilian IP Magazine. Professor of Law in post-graduate IP courses. Master’s Degree in Law and Economics. Graduated in Law and Business Management.
Caroline Someson Tauk, Federal Judge, Regional Federal Court of Rio de Janeiro, Brazil
Federal Judge in the Regional Federal Court of Rio de Janeiro. Master of Laws from the University of Rio de Janeiro. Obtained a Doctorate Degree from the University of São Paulo. Visiting Researcher at Columbia University (NY/USA) and the Max Planck Institute (Munich/Germany). Former Assistant Judge of the Justice in the Supreme Court. Former Public Prosecutor in Rio de Janeiro. Former Federal Attorney.
Siddhant Sharma, TRION Law Partners, India
Patent Attorney and Lawyer in India, and Equity Partner at TRION Law Partners. Specializes in intellectual property litigation, with a practice spanning patent infringement, patent revocation/ opposition, and Standard Essential Patent disputes. Has handled 75+ patent litigations in India, advising both patentees and implementers across pharmaceutical, telecommunications, and engineering technologies. Post-graduate in Law, with a Graduate degree in Engineering and a Diploma in Management
Dixon Zhang, China