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Frand : German case law and global perspectives
Title
Frand : German case law and global perspectives / edited by Peter Georg Picht (Professor, Chair for Business, Competition, and Intellectual Property Law, University of Zurich, Switzerland), Thomas F. Cotter (Taft Stettinius & Hollister Professor of Law, University of Minnesota Law School, USA), and Erik Habich (MLaw, PhD Candidate, University of Zurich and Swiss National Science Foundation, Switzerland).
ISBN
9781800881716 (e-book)
Publication
Northampton : Edward Elgar Publishing, 2024.
Physical Description
1 online resource (416 pages).
Summary
"This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions. Key Features: Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English. Contextualises German SEP/FRAND case law from an international perspective. Examines the competing approaches to SEP/FRAND issues in prominent jurisdictions. Presents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensing. This book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law"-- Provided by publisher.
Format
Books / Online
Language
English
Added to Catalog
October 03, 2024
Series
Elgar intellectual property law and practice.
Bibliography
Includes bibliographical references and index.
Contents
Contents: Part I. German case law
1. Willingness to license on frand terms / Erik Habich
2. Frand offer / Erik Habich, Peter Georg Picht, and Thomas F. Cotter
3. Reaction duties and frand counteroffer / Erik Habich and Peter Georg Picht
4. Confidentiality / Erik Habich
5. Frand licensing and sep transfer / Erik Habich
6. Damages claims / Erik Habich
7. Anti-antisuit injunctions / Peter Georg Picht
Part II. Global perspectives
8. Us and German approaches to frand disputes: Like ships that pass in the night / Thomas F. Cotter
9. Judicial treatment of standard essential patents and frand royalties, 2010-2022 / Hon. James L. Robart
10. Determination of the global royalty rate of standard essential patents: Judicial jurisdiction and determination method from Chinese law perspective / Guangliang Zhang
11. The paradox of willingness to license through property and liability rule lenses and the aggregation logic of frand: Another painting of the cathedral / Erik Habich
12. Frand and level selection - guidance from the exhaustion doctrine and prior case law on statutory compulsory licensing? / Patricia Rombach
13. Anti-anti-suit injunctions / Matthias Zigann and Hubertus Schacht
14. Arbitration of frand disputes / Richard Arnold
15. Frand adr under the data act and the sep regulation / Tilman Niedermaier and Peter Georg Picht
Bibliography.
Genre/Form
Electronic books.
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