Open Access
International jurisdiction over standard-essential patents
Loading...
Files
RSCAS 2020-02.pdf (1.18 MB)
Full-text in Open Access
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1028-3625
Issue Date
Type of Publication
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
EUI RSCAS; 2020/02; Global Governance Programme-380; [Global Economics]
Cite
HORN, Henrik, International jurisdiction over standard-essential patents, EUI RSCAS, 2020/02, Global Governance Programme-380, [Global Economics] - https://hdl.handle.net/1814/65723
Abstract
Standards often require the use of patented technologies. Holders of standard-essential patents (SEPs) typically commit to make their patents available on "fair, reasonable and non-discriminatory" (FRAND) terms. National competition authorities increasingly intervene against perceived FRAND violations. But which competition authority should regulate SEPs that affect more than one country? The paper uses a very simple economic framework to assess the impact of three main legal bases for allocating jurisdiction: territoriality, nationality, and cross-border effects. The findings are negative: neither base will implement a jointly efficient outcome, and the relative performance of the bases depends on the particular circumstances at hand.