TU Berlin, Fraunhofer FOKUS, Rotterdam School of Management
IPlytics GmbH, TU Berlin and Cerna Mines ParisTech, IP Manager
An uprising issue that became very relevant in
the last decades is the role of patents that are
essential to a technology standard. Whereas
patents are intended to allow its owner to exclude
others from using the protected invention, the main
objective of standards is to encourage the spread and
wide implementation of the standardized technology.
Patents that would necessarily be infringed by any
implementation or adoption of a standard are called
Standard Essential Patents (SEPs). However, the indispensable
character of SEPs is worrisome for antitrust
authorities, since it may leverage market power and
lead to exclusive effects.
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