Enforcement of FRAND commitments under Article 102 TFEU : the nature of FRAND defence in patent litigation /
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| Author / Creator: | Väisänen, Tuire Anniina, 1983- |
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| Imprint: | Baden-Baden : Nomos, 2011. |
| Description: | 81 pages ; 23 cm. |
| Language: | English |
| Series: | MIPLC studies ; v. 9 MIPLC studies ; v. 9. |
| Subject: | |
| Format: | Dissertations Print Book |
| URL for this record: | http://pi.lib.uchicago.edu/1001/cat/bib/10992075 |
| Summary: | In attempting to define the true meaning of "fair, reasonable and non-discriminatory terms" - also known as FRAND - one is reminded of the parable of two political parties arguing before the elections about who is right and who is wrong, although they both know that there is no such thing as one truth and that it utterly depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicting interpretations of FRAND terms and conditions seem to be unavoidable. This paper is based on the author's master thesis as part of the LL.M. in Intellectual Property and Competition Law. The analysis presented shows that the FRAND debate is very controversial and that many questions related to the enforcement of FRAND commitments under EC competition law remain unsolved. In essence, this paper demonstrates that FRAND commitments can be used as a powerful defense in order to prevent dominant pate |
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| Item Description: | "Munich Intellectual Property Law Center." |
| Physical Description: | 81 pages ; 23 cm. |
| Bibliography: | Includes bibliographical references (pages 75-81). |
| ISBN: | 9783832958374 3832958371 |
