User Generated Law
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User Generated Law

Re-Constructing Intellectual Property Law in a Knowledge Society

Edited by Thomas Riis

Engaging and innovative, User Generated Law offers a new perspective on the study of intellectual property law. Shifting research away from the study of statutory law, contributions from leading scholars explore why and how self-regulation of intellectual property rights in a knowledge society emerges and develops. Analysing examples of self-regulation in the intellectual property law based industries, this book evaluates to what extent user generated law is an accurate model for explaining and understanding this process.
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Chapter 8: ‘The rise of standardisation and the limits of self-governance’: unilateral conduct under international standards from an EU competition law perspective

Björn Lundqvist


Huawei is the latest EU case in the ongoing ‘patent war’ in the ITC (internet and telecom) industry. A patent war played out in courtrooms all over the world, yet fundamentally dealing with the same or similar issues. The cases gravitate around whether patents covering a technical detail, which is essential to a technology standard of infrastructure type, may be used to exclude competitors from an industry as a whole. For example, the current wireless technology used for mobile phone communication is a technical standard, the 4G technology/standard, which is covered by several patents, held by many firms. Can each of those firms refuse entering into licence agreements covering often narrow, yet necessary technology pieces of the over-arching infrastructure technology making up our telecom network standard? Can they thereby, by refusing to enter licences, exclude firms from, for example, the smart phone market as a whole, without infringing competition law? The Huawei case deals with these hotly debated questions of access to international standards and standard essential patents on fair, reasonable and non-discriminatory (FRAND) terms.

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