Tuesday 23 September 2014

Interface between Competition Law, Patents and Technical Standards

The Interface between Competition Law, Patents and Technical Standards, by David Telyas, is the second title that Wolters Kluwer has published in quick succession that addresses issues of interest and concern to the IP business community -- the other being Competition Law and Standard Essential Patents. A Transatlantic Perspective by Urska Petrovcic, previously noted on IP Finance here

This blogger has not yet received a copy of this book, which the publisher describes as follows:
This systematic analysis lucidly details the role played by competition law in ensuring that holders of SEPs do not unduly exploit their advantage. The author describes how market power, often amounting to dominance, is obtained by proprietors of SEPs, and then proceeds to set out the framework under which the legality of standardization agreements must be assessed, finally highlighting the role of competition law in preventing patent-related abuse arising after a standard is adopted.

Among the often complex issues clearly explained are the following:

  • technical standards as drivers of innovation and consumer welfare;
  • conditions governing the standard-setting process;
  • the concepts of ‘patent hold-up’ and ‘patent ambush’;
  • refusal to license;
  • establishing deception ex ante and abuse ex post; and
  • availability of injunctive relief.
This title is volume 60 in the publisher's International Competition Law Series. You can check out its contents here; there's a sample chapter here and the book's web page is here.

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