IPRs and Standards - Balancing Interests of Licensors and Licensees Claudia Tapia
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IPRs and Standards - IPRs and Standards - Balancing Interests of Balancing Interests of Licensors and Licensees Licensors and Licensees Claudia Tapia Research In Motion Research In Motion 14. October 2009 14. October 2009
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IPRs and Standards - Balancing Interests of Licensors and Licensees Claudia Tapia Research In Motion 14. October 2009. NEW ENTRANT. TRYING TO ENTER GSM STANDARD THREAT OF INJUNCTION DILEMMA LICENSEE. BGH – Orange Book Standard case. - PowerPoint PPT Presentation
Transcript of IPRs and Standards - Balancing Interests of Licensors and Licensees Claudia Tapia
IPRs and Standards -IPRs and Standards -Balancing Interests of Licensors Balancing Interests of Licensors and Licenseesand Licensees
Claudia Tapia Research In MotionResearch In Motion
14. October 200914. October 2009
NEW ENTRANTNEW ENTRANT
Ref.: German Federal Supreme Court, BGH, Orange Book Standard 05 May 2009,
KZR 39/06
COMPULSORY LICENSE DEFENSE under cartel law against
the patent owner’s request for injunctive relief is POSSIBLE
PREREQUISITES:
BGH – Orange Book Standard caseBGH – Orange Book Standard case
Licensee may make unconditional offer of concrete percentage
Licensee thinks 1% is ‚reasonable‘ DILEMMA
COURT allows Licensee: unconditional offer to conclude a
license agreement the patentee determines the amount of
royalties according to his own reasonable discretion
BGH – Orange Book Standard caseBGH – Orange Book Standard case
BGH – Orange Book Standard caseBGH – Orange Book Standard case
Licensee ask court examine if licensor has determined
rate at his reasonably exercised discretion (Sec. 315 CC)
BGH – Orange Book Standard caseBGH – Orange Book Standard case
SUGGESTIONAssuming Y thinks 10% is not reasonable
BGH – Orange Book Standard caseBGH – Orange Book Standard case
