Standard essential patents and abuse of dominant position under EU and competition law
Διπλώματα ευρεσιτεχνίας ουσιώδη για τη λειτουργία τεχνικού προτύπου (standard essential patents) και κατάχρηση δεσπόζουσας θέσης στο ενωσιακό δίκαιο ελεύθερου ανταγωνισμού
Master Thesis
Author
Κυρίου, Άννα - Μαρίνα
Kyriou, Anna - Marina
Date
2023View/ Open
Keywords
SEP ; Abuse of dominant position ; Competition lawAbstract
In recent years, there has been an increase in the standardisation of products and processes in the high tech sector. For the most part, these standards relate to the aim of achieving interoperability and compatibility between products manufactured by the various competitors in a given sector. Standardisation agreements are generally considered to be pro-competitive, but there has been a growing antitrust concern regarding the conduct of the proprietors of Standard Essential Patents. In the recent enforcement of Article 102 TFEU, it has been held that an SEP owner’s seeking of an injunction prohibiting the infringement of its patent may constitute an abuse of a dominant position, under certain circumstances. The patentee’s right to exclude others from exploiting its patent forms part of the patentee’s exclusive rights, which is a cornerstone of patent law. Therefore, this master's thesis, focusing on the question of abuse of a dominant position under EU and Competition Law, aims to assess whether or not a fair balance has been achieved between the interests of intellectual property, especially concerning the standard essential patents, and competition under EU law.