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Author Väisänen, Tuire Anniina, 1983-

Title Enforcement of FRAND commitments under Article 102 TFEU : the nature of FRAND defence in patent litigation / Tuire Anniina Väisänen
Published Baden-Baden : Nomos, 2011

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Description 1 online resource (81 pages)
Series MIPLC studies ; v. 9
MIPLC studies ; v. 9.
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 "Munich Intellectual Property Law Center."
Originally presented as the author's thesis --University of München, 2010
Bibliography Includes bibliographical references (pages 75-81)
SUBJECT Treaty Establishing the European Economic Community (1957 March 25) Article 102
Treaty Establishing the European Economic Community (1957 March 25) fast
Subject Patent licenses -- European Union countries
Patent suits -- European Union countries
Antitrust law -- European Union countries
Global system for mobile communications -- Europe
LAW -- Commercial -- General.
Antitrust law
Global system for mobile communications
Patent licenses
Patent suits
Europe
European Union countries
Form Electronic book
Author Munich Intellectual Property Law Center.
ISBN 9783832958374
3832958371
9783845229843
3845229845
Other Titles Enforcement of fair, reasonable, and non-discriminatory terms under Article 102 TFEU