Oscar Borgogno

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

  • Abstract

Informations and abstract

Keywords: F/RAND Commitments; Standard Essential Patents; Abuse of Dominant Position; Contract Law; Antitrust; China, EU; Information and Communication Technologies.

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.

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