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"The vinaigrette of standardisation"

Sillén, Per LU (2012) HARP40 20121
Department of Business Law
Abstract
The subject of this thesis is the interplay between IPR and competition Law regarding standardisation. In reviewing the legal sources in the field the complexity of the process will be enlightened and the question to answer is what mixture that is to be “perfect” in that sense. Focus lies on the risks of “hold-up “ situations where holders of IPR abuse the system in search for higher amounts of royalties. As a start, standardisation as a phenomenon is investigated and presented from different views. Two famous US cases are reviewed in the matter of patent hold-ups to assess how the legal framework in both the US and EU adapts to the issues in standard setting. The EU approach is also reviewed with a glimpse at the FRAND system. As a... (More)
The subject of this thesis is the interplay between IPR and competition Law regarding standardisation. In reviewing the legal sources in the field the complexity of the process will be enlightened and the question to answer is what mixture that is to be “perfect” in that sense. Focus lies on the risks of “hold-up “ situations where holders of IPR abuse the system in search for higher amounts of royalties. As a start, standardisation as a phenomenon is investigated and presented from different views. Two famous US cases are reviewed in the matter of patent hold-ups to assess how the legal framework in both the US and EU adapts to the issues in standard setting. The EU approach is also reviewed with a glimpse at the FRAND system. As a closing chapter, the EU Commissions guidelines from 2011 are reviewed and assessed in whether the lessons learned from case law are taken into account. (Less)
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author
Sillén, Per LU
supervisor
organization
alternative title
Interplay between IPR and Competition in light of the Hold-Up Problem
course
HARP40 20121
year
type
H2 - Master's Degree (Two Years)
subject
keywords
Standardisation, IPR, Competition Law, Patent Hold-Up, Patent Ambush, FRAND, Art 101 TFEU, Rambus Inc, N-Data, 2011 Guidelines on the applicability of Art 101 on horizontal cooperation agreements, Section 5 FTC.
language
English
id
2701750
date added to LUP
2012-06-28 15:06:16
date last changed
2012-06-28 15:06:16
@misc{2701750,
  abstract     = {The subject of this thesis is the interplay between IPR and competition Law regarding standardisation. In reviewing the legal sources in the field the complexity of the process will be enlightened and the question to answer is what mixture that is to be “perfect” in that sense. Focus lies on the risks of “hold-up “ situations where holders of IPR abuse the system in search for higher amounts of royalties. As a start, standardisation as a phenomenon is investigated and presented from different views. Two famous US cases are reviewed in the matter of patent hold-ups to assess how the legal framework in both the US and EU adapts to the issues in standard setting. The EU approach is also reviewed with a glimpse at the FRAND system. As a closing chapter, the EU Commissions guidelines from 2011 are reviewed and assessed in whether the lessons learned from case law are taken into account.},
  author       = {Sillén, Per},
  keyword      = {Standardisation,IPR,Competition Law,Patent Hold-Up,Patent Ambush,FRAND,Art 101 TFEU,Rambus Inc,N-Data,2011 Guidelines on the applicability of Art 101 on horizontal cooperation agreements,Section 5 FTC.},
  language     = {eng},
  note         = {Student Paper},
  title        = {"The vinaigrette of standardisation"},
  year         = {2012},
}