Patent rights for standard essential patents and abuse of dominant position - From the interaction between the two to a comparison of existing and proposed solutions
(2024) HARN63 20241Department of Business Law
- Abstract
- The thesis explores the interaction between patent rights for Standard Essential Patents(SEP) and competition law, particularly Article 102 of the Treaty on the Functioning of the European Union(TFEU), within the context of the European Union(EU) , and compares this interaction with the relevant provisions in the proposed EU SEP regulation COM(2023)232. Three research questions will be discussed: What is the interaction of patent rights for SEPs and article 102 TFEU? How does the proposed EU SEP Regulation intend to regulate the exercise of patent rights for SEPs? And what are the main similarities and differences between the current situation and proposed regulation? Potential abusive behaviors include seeking injunction, refusing to... (More)
- The thesis explores the interaction between patent rights for Standard Essential Patents(SEP) and competition law, particularly Article 102 of the Treaty on the Functioning of the European Union(TFEU), within the context of the European Union(EU) , and compares this interaction with the relevant provisions in the proposed EU SEP regulation COM(2023)232. Three research questions will be discussed: What is the interaction of patent rights for SEPs and article 102 TFEU? How does the proposed EU SEP Regulation intend to regulate the exercise of patent rights for SEPs? And what are the main similarities and differences between the current situation and proposed regulation? Potential abusive behaviors include seeking injunction, refusing to license and excessive royalty rate. The proposal establish a competence center at the European Union Intellectual Property Office to administer registry, database, essentiality checks, aggregate royalty, Fair, Reasonable, and Non-discriminatory(FRAND) determination, etc. The main similarities between current situation and EU proposed regulation are they both emphasize transparency and have procedural safeguards of FRAND terms.The differences are the proposal focus more on implementers and it establishes a framework for en-ante essentiality check. This thesis emphasizes the importance of seeking legal regulatory approaches within the EU that balance the SEPs and abuse of dominant position as well as balancing the interests of SEP holders and implementers, stimulating innovation in the EU market as well as establishing a level playing field in the internal market. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9156607
- author
- Liu, Shenru LU
- supervisor
-
- Johan Axhamn LU
- organization
- course
- HARN63 20241
- year
- 2024
- type
- H1 - Master's Degree (One Year)
- subject
- keywords
- Standard essential patent, Abuse of dominant position, Similarities, Differences
- language
- English
- id
- 9156607
- date added to LUP
- 2024-06-03 09:23:30
- date last changed
- 2024-06-03 09:23:30
@misc{9156607,
abstract = {{The thesis explores the interaction between patent rights for Standard Essential Patents(SEP) and competition law, particularly Article 102 of the Treaty on the Functioning of the European Union(TFEU), within the context of the European Union(EU) , and compares this interaction with the relevant provisions in the proposed EU SEP regulation COM(2023)232. Three research questions will be discussed: What is the interaction of patent rights for SEPs and article 102 TFEU? How does the proposed EU SEP Regulation intend to regulate the exercise of patent rights for SEPs? And what are the main similarities and differences between the current situation and proposed regulation? Potential abusive behaviors include seeking injunction, refusing to license and excessive royalty rate. The proposal establish a competence center at the European Union Intellectual Property Office to administer registry, database, essentiality checks, aggregate royalty, Fair, Reasonable, and Non-discriminatory(FRAND) determination, etc. The main similarities between current situation and EU proposed regulation are they both emphasize transparency and have procedural safeguards of FRAND terms.The differences are the proposal focus more on implementers and it establishes a framework for en-ante essentiality check. This thesis emphasizes the importance of seeking legal regulatory approaches within the EU that balance the SEPs and abuse of dominant position as well as balancing the interests of SEP holders and implementers, stimulating innovation in the EU market as well as establishing a level playing field in the internal market.}},
author = {{Liu, Shenru}},
language = {{eng}},
note = {{Student Paper}},
title = {{Patent rights for standard essential patents and abuse of dominant position - From the interaction between the two to a comparison of existing and proposed solutions}},
year = {{2024}},
}