Oscar Borgogno

A Comparison of F/Rand licensing between Us, Eu and China: Towards a Private Ordering solution?

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Abstract

The paper begins with a comparative analysis of the evolutionary legal path adopted by United States, People's Republic of China and European Union with reference to the F/RAND commitments on Standard Essential Patents. In the light of the wide differences which characterize the above-mentioned systems, the paper addresses in a critical way the capacity of the procedural justice solution designed by the EUCJ in the "Huawei"-case to implement an effective legal framework based on private self-regulation. In such a perspective, the role of courts and judges shall be limited only to ensuring the ordinary well-functioning and the compliance with antitrust and the non-discriminatory principle by Standard Setting Organizations and holders of SEPS.

Keywords

  • F/RAND Commitments
  • Standard Essential Patents
  • Abuse of Dominant Position
  • Contract Law
  • Antitrust
  • China
  • EU
  • Information and Communication Technologies

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