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Seeking injunctions in SEPs infringement proceedings as an abuse of dominant position under Article 102 TFEU

Svobodová, Iva LU (2015) JAEM03 20151
Department of Law
Abstract
Even though standards have beneficial effects in the network-dependent information and communication technologies industry, they also bring along competition law concerns, especially since they are based on patent-protected technologies. In those circumstances, owners of standard essential patents (“SEPs”) in fact control access to the market. Competition authorities have thus turned their attention towards the unilateral conduct of SEPs owners who are dominant undertakings and who may potentially use the position that they have acquired by inclusion of their technology into a standard in order to succeed with anti-competitive demands. This thesis discusses the conditions under which SEP owners who have committed to license their patents... (More)
Even though standards have beneficial effects in the network-dependent information and communication technologies industry, they also bring along competition law concerns, especially since they are based on patent-protected technologies. In those circumstances, owners of standard essential patents (“SEPs”) in fact control access to the market. Competition authorities have thus turned their attention towards the unilateral conduct of SEPs owners who are dominant undertakings and who may potentially use the position that they have acquired by inclusion of their technology into a standard in order to succeed with anti-competitive demands. This thesis discusses the conditions under which SEP owners who have committed to license their patents on fair, reasonable and non-discriminatory terms can be found abusing their dominant position under article 102 TFEU by seeking injunctions against unlicensed manufacturers of the standard-compliant goods. It provides analysis of the different legal tests used by national courts and the European Commission in comparison with the approach articulated by the Court of Justice of the EU in the recently rendered judgment in Huawei v ZTE. (Less)
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author
Svobodová, Iva LU
supervisor
organization
course
JAEM03 20151
year
type
H2 - Master's Degree (Two Years)
subject
keywords
FRAND commitment, ICT industry, standard essential patents, standards, patent rights, article 102 TFEU, abuse of dominant position, EU competition law
language
English
id
7869176
date added to LUP
2015-10-08 15:23:35
date last changed
2015-10-08 15:23:35
@misc{7869176,
  abstract     = {Even though standards have beneficial effects in the network-dependent information and communication technologies industry, they also bring along competition law concerns, especially since they are based on patent-protected technologies. In those circumstances, owners of standard essential patents (“SEPs”) in fact control access to the market. Competition authorities have thus turned their attention towards the unilateral conduct of SEPs owners who are dominant undertakings and who may potentially use the position that they have acquired by inclusion of their technology into a standard in order to succeed with anti-competitive demands. This thesis discusses the conditions under which SEP owners who have committed to license their patents on fair, reasonable and non-discriminatory terms can be found abusing their dominant position under article 102 TFEU by seeking injunctions against unlicensed manufacturers of the standard-compliant goods. It provides analysis of the different legal tests used by national courts and the European Commission in comparison with the approach articulated by the Court of Justice of the EU in the recently rendered judgment in Huawei v ZTE.},
  author       = {Svobodová, Iva},
  keyword      = {FRAND commitment,ICT industry,standard essential patents,standards,patent rights,article 102 TFEU,abuse of dominant position,EU competition law},
  language     = {eng},
  note         = {Student Paper},
  title        = {Seeking injunctions in SEPs infringement proceedings as an abuse of dominant position under Article 102 TFEU},
  year         = {2015},
}