The interface between EU competition law and standard essential patents - from Orange-Book-Standard to the Huawei case
In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents wo...
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| Published in: | European competition journal Vol. 11; no. 2-3; pp. 367 - 401 |
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| Main Author: | |
| Format: | Journal Article |
| Language: | English |
| Published: |
Routledge
02-09-2015
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| Subjects: | |
| Online Access: | Get full text |
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| Summary: | In this paper the recent ECJ judgment in Huawei is discussed in light of the earlier case law from the EU and the US. The Huawei case has been long awaited and many in academia hoped that it would finally deliver answers to if, when and on what terms access to so-called Standard Essential Patents would be granted under EU antitrust law. However, the question is whether Huawei is that case. On the contrary, it seems that the ECJ ruling gives room for speculation even in reference to core issues, some of which are dealt with in this paper. |
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| ISSN: | 1744-1056 1757-8396 1757-8396 |
| DOI: | 10.1080/17441056.2015.1123455 |