Filling Huawei's Gaps: The Recent German Case Law on Standard Essential Patents

European Competition Law Review 2017, 12, 538

15 Pages Posted: 14 Aug 2017 Last revised: 26 Dec 2017

See all articles by Giuseppe Colangelo

Giuseppe Colangelo

University of Basilicata, Department of Mathematics, Computer Science and Economics; Stanford Law School; LUISS Guido Carli, Department of Business and Management

Valerio Torti

LUISS University of Rome; European University of Rome

Date Written: August 11, 2017

Abstract

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 injunction.

The licensing framework provided by the CJEU is aimed at increasing legal certainty and predictability for the whole standardisation environment. Nevertheless, the judgment has been criticised because a relevant number of issues are left unresolved. In this scenario the activities of national courts in filling the gaps left by the CJEU deserve the utmost consideration. This paper will seek to explore the approach developed at national level post Huawei, focusing on the German judicial experience.

Keywords: Antitrust, Standards, Standard Essential Patent, Huawei, FRAND terms

JEL Classification: K21, L15, L41, O34

Suggested Citation

Colangelo, Giuseppe and Torti, Valerio, Filling Huawei's Gaps: The Recent German Case Law on Standard Essential Patents (August 11, 2017). European Competition Law Review 2017, 12, 538, Available at SSRN: https://ssrn.com/abstract=3017072

Giuseppe Colangelo (Contact Author)

University of Basilicata, Department of Mathematics, Computer Science and Economics ( email )

Via dell'Ateneo Lucano 10
Potenza
Italy

HOME PAGE: http://sites.google.com/site/giuseppecolangelouni/home

Stanford Law School ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States

HOME PAGE: http://law.stanford.edu/transatlantic-technology-law-forum/

LUISS Guido Carli, Department of Business and Management ( email )

Viale Romania 32
Rome, Roma 00197
Italy

Valerio Torti

LUISS University of Rome; European University of Rome ( email )

Rome, 00100
Italy

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