Coverart for item
The Resource Competition law and standard essential patents : a transatlantic perspective, Urška Petrovčič

Competition law and standard essential patents : a transatlantic perspective, Urška Petrovčič

Label
Competition law and standard essential patents : a transatlantic perspective
Title
Competition law and standard essential patents
Title remainder
a transatlantic perspective
Statement of responsibility
Urška Petrovčič
Creator
Subject
Language
eng
Summary
Despite the substantial benefits of standards in today's economy, the recent advent of standard essential patents (SEPs) - which protect proprietary technologies essential for industry standards - has tended to create a setting for anticompetitive practices that, at least potentially, harms competition and consumer welfare. An opportunistic SEP owner can intentionally conceal the existence of its patents during the standardization process, or later hold up manufacturers and impose on them exploitative licensing conditions. This book, through an intensive focus on case law in the United States and the European Union, clarifies the scope of competition law in addressing SEP owners' opportunistic conduct, and offers the first comprehensive analysis of the antitrust liability an SEP owner might face in each jurisdiction. The presentation thoroughly explains all of the following relevant topics and issues: processes through which standards are adopted and implemented by market participants; principal antitrust concerns that might arise in the standardization context; elements that competition authorities and courts should take into account in evaluating SEP owners' market power; the role of "fair, reasonable and non-discriminatory" (FRAND) commitments; applicability of competition law to a SEP owner's deceptive practices during the standardization process; applicability of competition law to strategic licensing by SEP owners; gaps competition law faces when addressing a SEP owner's opportunistic practices; available antitrust remedies that could be imposed on a SEP owner whose conduct violates competition laws; and what role competition law should play in stimulating the development of preventive mechanisms or remedies available outside the competition law domain. An extensive bibliography includes a broad range of sources from statutes and cases to speeches and blogs. Practicing lawyers and companies that need to identify the limits that competition law imposes on SEP owners' conduct will benefit immeasurably from the wealth of both information and insight provided here. The book will also be of great value for competition policymakers and academics in the field; the latter will also appreciate the substantial comparative law value of the book's parallel study of US and EU competition law
Member of
Cataloging source
WCL
http://library.link/vocab/creatorName
Petrovčič, Urška
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
  • International competition law series
  • Published EUI PhD theses
Series volume
volume 58
http://library.link/vocab/subjectName
  • Patent licenses
  • Patent licenses
  • Patent laws and legislation
  • Patent laws and legislation
  • Antitrust law
  • Antitrust law
  • Competition, Unfair
  • Competition, Unfair
Label
Competition law and standard essential patents : a transatlantic perspective, Urška Petrovčič
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:307356/one
Instantiates
Publication
Note
Originally presented as the author's thesis (doctoral)--European University Institute (LAW 2014)
Bibliography note
Includes bibliographical references (pages 191-208) and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Contents
PART I Setting the Context. CHAPTER 1 Introduction. CHAPTER 2 Standards and Standard Essential Patents. CHAPTER 3 The Interplay between Intellectual Property Rights and Competition Law. PART II The SEP Owner's Liability. CHAPTER 4 The SEP Owner's Market Power. CHAPTER 5 Deceptive Conduct during the Standardization Process. CHAPTER 6 Strategic Licensing Practices. CHAPTER 7 Interim Observations: Divergences, Legal Gaps, and Legal Uncertainty. PART III Remedies and the Informal Antitrust Intervention. CHAPTER 8 Antitrust Remedies. CHAPTER 9 Mechanisms Preventing Disputes in the SEP Context: The Informal Antitrust Intervention. CHAPTER 10 Conclusion. Bibliography. Table of Cases. Table of Statues, Regulations and Guidelines
Control code
FIEb17591995
Dimensions
25 cm.
Extent
x, 217 pages
Isbn
9789041149602
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)889943177
Label
Competition law and standard essential patents : a transatlantic perspective, Urška Petrovčič
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:307356/one
Publication
Note
Originally presented as the author's thesis (doctoral)--European University Institute (LAW 2014)
Bibliography note
Includes bibliographical references (pages 191-208) and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier.
Content category
text
Content type code
txt
Content type MARC source
rdacontent.
Contents
PART I Setting the Context. CHAPTER 1 Introduction. CHAPTER 2 Standards and Standard Essential Patents. CHAPTER 3 The Interplay between Intellectual Property Rights and Competition Law. PART II The SEP Owner's Liability. CHAPTER 4 The SEP Owner's Market Power. CHAPTER 5 Deceptive Conduct during the Standardization Process. CHAPTER 6 Strategic Licensing Practices. CHAPTER 7 Interim Observations: Divergences, Legal Gaps, and Legal Uncertainty. PART III Remedies and the Informal Antitrust Intervention. CHAPTER 8 Antitrust Remedies. CHAPTER 9 Mechanisms Preventing Disputes in the SEP Context: The Informal Antitrust Intervention. CHAPTER 10 Conclusion. Bibliography. Table of Cases. Table of Statues, Regulations and Guidelines
Control code
FIEb17591995
Dimensions
25 cm.
Extent
x, 217 pages
Isbn
9789041149602
Media category
unmediated
Media MARC source
rdamedia.
Media type code
n
System control number
(OCoLC)889943177

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