Licensvägran och standardpatent : gränsen mellan immaterialrätt och konkurrensrätt
Sammanfattning: Standardization as a topic is only getting more and more relevant in today’s high-tech markets. The topic of this thesis is to highlight the differences in how the courts handle cases regarding the abuse of a dominant position of an intellectual-property right and standard essential patents. This difference will be shown through a presentation and analysis of the evolution of settled case law regarding refusal to license from the CJEU that will be compared to the case of Huawei v ZTE from 2015. I will also show a few examples how different national courts in the Union have received the courts judgement in “Huawei” and if there are any leftover questions that need to be cleared up. This thesis will show that there are several differences between the handling of refusal to license and standard-essential patents of the court. Differences regarding the underlying interests that the court considers, the courts view on the consumer, and to what degree the court regards the effect of the parties actions in their judgement.
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