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The Huawei ruling identified the steps that owners and users of SEPs will have to follow in negotiating a FRAND royalty. Compliance with the code of conduct will shield patent holders from the gaze of competition law and, at the same time, will protect implementers from the threat of an...
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Patent holders frequently attempt to mitigate the loss of monopoly power by authorizing generic entry prior to patent expiry (early entry). Competition in off-patent pharmaceutical markets may be adversely affected if early entry substantially impairs the attractiveness of subsequent market...
Persistent link: https://www.econbiz.de/10003964934
Patent holders attempt to mitigate the loss of monopoly power by authorizing generic entry prior to patent expiry (early entry). Off-patent competition may be adversely affected if early entry substantially lowers the attractiveness of subsequent generic entry. This study assesses the impact of...
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Within the debate on the role of competition law in standard essential patents (SEPs) litigation, German case law has gained centre stage because of the number of decisions handed down and its traditional patent owner-friendly approach. As the framework handed down by the European Court of...
Persistent link: https://www.econbiz.de/10014344624
intellectual property grants a licence ("ex ante"), neither party knows the true value of the traded commodity. A seemingly odd … norm from German copyright law, the so-called "bestseller provision", stipulates that the seller of a licence has a legally …
Persistent link: https://www.econbiz.de/10003980427
In recent years, firms have increasingly contributed to and been confronted with a patent landscape characterized by numerous but marginal inventions, overlapping claims and patent fences. Literature suggests that both the fragmentation of ownership and the threat of a firm's patent applications...
Persistent link: https://www.econbiz.de/10003871201