Compulsory Licensing in Germany

in: Reto Hilty and Kung-Chung Liu (eds), "Compulsory Licensing: Practical Experiences and Ways Forward" (MPI Studies on Intellectual Property and Competition Law, Vol. 22); Springer, 2015

22 Pages Posted: 4 Oct 2014 Last revised: 24 Sep 2018

See all articles by Philipp Maume

Philipp Maume

TUM School of Management; European Corporate Governance Institute (ECGI)

Date Written: May 25, 2013

Abstract

In the last 20 years, German courts have developed a sophisticated approach to compulsory licensing of patents. Compulsory licences under competition law are of particularly high relevance. In short, German competition law obliges the holder of a patent, which is essential in a standard to grant a licence on terms that are fair, reasonable, and non-discriminatory (FRAND). Users of such patents can also raise a so-called competition law defence against imminent injunction orders.

The resonance of the German debate in international scholarly literature has remained relatively low, probably because of the language barrier. Most works merely scratch the surface of the particularly complex issues. This paper provides an in-depth analysis of the German legal background and the consequences in practice. It suggests a streamlined, simplified approach to competition-law-based defences.

Keywords: Compulsory Licensing; Orange Book Standard; Competition Law Defences; FRAND; Standards

JEL Classification: D45, K21, I12, O31, O34

Suggested Citation

Maume, Philipp, Compulsory Licensing in Germany (May 25, 2013). in: Reto Hilty and Kung-Chung Liu (eds), "Compulsory Licensing: Practical Experiences and Ways Forward" (MPI Studies on Intellectual Property and Competition Law, Vol. 22); Springer, 2015. Available at SSRN: https://ssrn.com/abstract=2504513

Philipp Maume (Contact Author)

TUM School of Management ( email )

Arcisstr. 21
Munich, 80333
Germany

HOME PAGE: http://www.law.wi.tum.de

European Corporate Governance Institute (ECGI) ( email )

c/o ECARES ULB CP 114
B-1050 Brussels
Belgium

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