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Standardised Technologies from the EU Competition Law Perspective
Mňuk, Jiří ; Horáček, Vít (advisor) ; Eichlerová, Kateřina (referee)
Technologies that implement particular standards securing compatibility and interoperability govern our everyday lives. Given that on the one hand technical standards should be accessible to the largest possible extent and on the other hand intellectual property right (IPR) holders may restrict such access, a number of legal issues arise. This thesis primarily focuses on technical standards governed by standard-setting organizations and consequences of the inclusion of intellectual property rights (IPRs) in such standards for their proprietors from the EU competition law perspective. In this regard, the method adopted in this thesis firstly explores the underlying theoretical notions, then focuses on the current EU competition law position de lege lata and discusses possible adjustments thereof de lege ferenda. In the first chapter, technical standards are discussed along with their economic effects, particularly, compatibility, interoperability and network effects. Second chapter lays down the basic matters of interplay between technical standards, IPRs and EU competition law, namely standard-essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing terms. Current EU competition law issues are consequently outlined (patent ambush, hold-up) with emphasis on Commission's...
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