Standard Essential Patents, Frand Commitments and Competition Law: An Analysis Under Particular Consideration of the German 'Orange Book Standard'-Decisions

Author:   Torsten Korber
Publisher:   Nomos Verlagsgesellschaft
Volume:   6
ISBN:  

9783848704293


Pages:   322
Publication Date:   13 March 2013
Format:   Paperback
Availability:   Available To Order   Availability explained
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Standard Essential Patents, Frand Commitments and Competition Law: An Analysis Under Particular Consideration of the German 'Orange Book Standard'-Decisions


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Overview

This bilingual (English/German) study takes up central questions concerning the relation between competition and patent law, raised by the current patent wars in the information technology sector. The book assesses the relevance of 'Fair, Reasonable, and Non-Discriminatory' (FRAND) commitments under contract and competition law. It further develops criteria for determining reasonable patent license fees and discusses the circumstances under which the filing of a cease and desist order by the holder of a standard assistant patent constitutes an abuse according to Article 102 TFEU (Treaty on the Functioning of the European Union). Finally, the German BGH's Orange-Book-Standard decision on requirements of compulsory license defense under competition law and its application in the lower courts are criticized. The book defines the BGH's criteria more precisely and questions their compatibility with EU competition law, and it brings together both an English and a German version of the analysis. (Series: Kartell- und Regulierungsrecht - Vol. 6)

Full Product Details

Author:   Torsten Korber
Publisher:   Nomos Verlagsgesellschaft
Imprint:   Nomos Verlagsgesellschaft
Volume:   6
Dimensions:   Width: 15.50cm , Height: 2.30cm , Length: 23.10cm
Weight:   0.680kg
ISBN:  

9783848704293


ISBN 10:   3848704293
Pages:   322
Publication Date:   13 March 2013
Audience:   General/trade ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   Available To Order   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

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