Working Paper No. 1314

International Jurisdiction over Standard-Essential Patents

Published: January 7, 2020Pages: 47Keywords: Standard-essential patents; International jurisdiction; Default rulesJEL-codes: F15; K21; K33; L40; O38

International Jurisdiction over Standard-Essential Patents Henrik Horn

Standards often require the use of patented technologies. Holders of standard-essential patents (SEPs) typically commit to make their patents available on "fair, reasonable and non-discriminatory" (FRAND) terms. National competition authorities increasingly intervene against perceived FRAND violations. But which competition authority should regulate SEPs that affect more than one country?

The paper uses a very simple economic framework to assess the impact of three main legal bases for allocating jurisdiction: territoriality, nationality, and cross-border e¤ects. The findings are negative: neither base will implement a jointly efficient outcome, and the relative performance of the bases depends on the particular circumstances at hand.

Reference:
Horn, Henrik (2020), "International Jurisdiction over Standard-Essential Patents". IFN Working Paper No. 1314. Stockholm: Research Institute of Industrial Economics (IFN).

Henrik Horn

Contact

Ph: +46 8 665 4540
henrik.horn@ifn.se

Interdisciplinary European Studies

The European Union and the Return of the Nation State

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This book explores the complex and ever-changing relationship between the European Union and its member states. The recent surge in tension in this relationship has been prompted by the actions of some member state governments as they question fundamental EU values and principles and refuse to implement common decisions seemingly on the basis of narrowly defined national interests.

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