The Effect of Competition Law on Patent Remedies

Alison Jones and Renato Nazzini, 'The Effect of Competition Law on Patent Remedies', Brad Biddle, Jorge L. Contreras, Brian J. Love, and Norman V. Siebrasse, eds. Patent Remedies and Complex Products: Toward a Global Consensus (Cambridge University Press, 2019), Forthcoming

85 Pages Posted: 10 Oct 2018

See all articles by Alison Jones

Alison Jones

King's College London – The Dickson Poon School of Law

Renato Nazzini

King's College London – The Dickson Poon School of Law

Date Written: June 1, 2018

Abstract

Although competition law and IP law probably pursue complementary goals, competition laws can:

(i) affect remedies available for patent infringement; and/or otherwise,

(ii) limit the conduct of patentees, particularly when transferring or licensing their patents.

This chapter discusses the cases in which tensions between the protection of patents in complex products and the competition laws have arisen or may arise, particularly as regards the ability of owners of standard essential patents (SEPs) to monetise their patents either by seeking an injunction against implementers or by refusing to grant licences complying with previously given commitments—generally, commitments to license on fair, reasonable and nondiscriminatory (FRAND) terms. This chapter also examines potential competition law constraints on the pricing of patent licences, other licensing terms, multi-level licensing and level discrimination, patent pools, sale of patent portfolios and patent acquisitions.

Keywords: competition law, patent law, complex products, goals, remedies, injunctions, licensing

JEL Classification: K21, L40, L41, L42

Suggested Citation

Jones, Alison and Nazzini, Renato, The Effect of Competition Law on Patent Remedies (June 1, 2018). Alison Jones and Renato Nazzini, 'The Effect of Competition Law on Patent Remedies', Brad Biddle, Jorge L. Contreras, Brian J. Love, and Norman V. Siebrasse, eds. Patent Remedies and Complex Products: Toward a Global Consensus (Cambridge University Press, 2019), Forthcoming. Available at SSRN: https://ssrn.com/abstract=3248905 or http://dx.doi.org/10.2139/ssrn.3248905

Alison Jones (Contact Author)

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Renato Nazzini

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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