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

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Interdisciplinary European Studies

The European Union in a Changing World Order

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This book explores how the European Union responds to the ongoing challenges to the liberal international order. These challenges arise both within the EU itself and beyond its borders, and put into question the values of free trade and liberal democracy. 

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