| Autor: |
Vesala, Juha, Havu, Katri |
| Předmět: |
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| Zdroj: |
Journal of European Competition Law & Practice; Sep2014, Vol. 5 Issue 7, p451-461, 11p |
| Abstrakt: |
Appropriateness of injunctive relief for essential patent infringement is currently being considered by the European Commission in its Samsung and Motorola investigations as well as by the Court of Justice of the European Union in the Huawei v ZTE case.Seeking injunctive relief on the basis of standards-essential patents may constitute abuse of a dominant position in certain circumstances, such as when the alleged infringer is prepared to conclude a licensing agreement on fair, reasonable and non-discriminatory terms.National courts may pursuant to the principle of sincere cooperation be obligated to refrain from providing injunctive relief when it would undermine EU competition policy by resulting into or facilitating abuses.Such defences against injunctive relief may be available even when an abuse by the essential patent holder is not alleged or established, but their scope is unclear and availability may in practice depend on the willingness of national courts to give effect to Member State obligations. [ABSTRACT FROM PUBLISHER] |
| Databáze: |
Complementary Index |
| Externí odkaz: |
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