Abstract

http://ssrn.com/abstract=1714996
 


 



Refusal to License Intellectual Property Rights Under Article 82 EC in Light of Standardization Context


Liguo Zhang


University of Helsinki - IPR University Center

June 1, 2010

European Intellectual Property Review, Vol. 8, p. 402, 2010

Abstract:     
This paper examines whether the current EU competition law regarding refusal to license intellectual property rights can effectively deal with access to industry common standards that may embrace proprietary intellectual property rights. It finds even though intellectual property rights as such do not confer dominant position to their owners in the market, industry standards that embrace technologies covered by IPRs may add substantial value to these IPRs. The combination of industry standards and IPRs may create a dominant position in the market. The paper suggests that the approach based on the complementary interaction between intellectual property law and competition law be introduced to address the refusal to license IPRs problems in terms of industry standards, especially the over-exploiting intellectual property should be taken into account when to determine the existence of abuse of dominant position.

Keywords: Refusal to License, Intellectual Property, Competition Law, Antitrust, Abuse of Dominant Position, Standardization

JEL Classification: K11, K21

Accepted Paper Series


Not Available For Download

Date posted: November 25, 2010  

Suggested Citation

Zhang, Liguo, Refusal to License Intellectual Property Rights Under Article 82 EC in Light of Standardization Context (June 1, 2010). European Intellectual Property Review, Vol. 8, p. 402, 2010. Available at SSRN: http://ssrn.com/abstract=1714996

Contact Information

Liguo Zhang (Contact Author)
University of Helsinki - IPR University Center ( email )
P.O. Box 4 (Yliopistonkatu 3, 4th floor)
University of Helsinki
Helsinki, 00014
Finland
Feedback to SSRN


Paper statistics
Abstract Views: 546

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.266 seconds