Enforcement of FRAND Commitments under Article 102 TFEU : The Nature of FRAND Defence in Patent Litigation / Tuire Anniina Väisänen.

Format:

Book

Thesis/Dissertation

Author/Creator:

Väisänen, Tuire Anniina, 1983- author.

Contributor:

Munich Intellectual Property Law Center.

Series:

Munich Intellectual Property Law Center - MIPLC

Language:

English

Subjects (All):

Treaty Establishing the European Economic Community (1957 March 25)--Article 102.

Treaty Establishing the European Economic Community.

Patent licenses--European Union countries.

Patent licenses.

Patent suits--European Union countries.

Patent suits.

Antitrust law--European Union countries.

Antitrust law.

Global system for mobile communications--Europe.

Global system for mobile communications.

Physical Description:

1 online resource (1 p.)

Edition:

1 ed.

Place of Publication:

Nomos Verlagsgesellschaft mbH & Co. KG 2011

Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2011.

Language Note:

English

Summary:

Defining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicts what FRAND terms and conditions means seem to be unavoidable. The analysis shows that the FRAND debate is very controversial and that many questions related to the enforcement of FRAND commitments under EC competition law remain unsolved. In essence, this paper demonstrates that FRAND commitments can be used as a powerful defence in order to prevent dominant patent holders from abusively exploiting their standard-essential patents. However, when determining the impact of FRAND commitments under Article 102 TFEU, it should be kept in mind that the test that complainants need to meet, is not merely a test based on the rational of FRAND commitments under the relevant SSOs rules. In other words, in the absence of dominance, even if a patentee in fact does not fulfil his FRAND commitments and asks for exorbitant royalty rates, this does not automatically provide complainants with an antirust remedy under the EC competition law.Currently the author is an associate lawyer with law firm Amereller Rechtsanwälte & Legal Consultants in Munich and Dubai, with the main area of practise IP law and international arbitration.

Notes:

Thesis (LL.M.)--Universität München, 2010.

CC BY

Description based on print version record.

ISBN:

9783845229843

3845229845

OCLC:

990045814