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Microsoft, A Problematic Success? A tale of Compulsory Licensing and Essentials facilities, The US and the EU Perspective
Patrycja Szot
Abstract
Ch.1 the IP and antitrust interdependence in the US and EU. Ch. 2 description of the essential facility. Ch. 3 an overview of the US and EU essential facilities and IP related case law. Ch. 4 the detailed account of the Microsoft proceedings. Ch. 5 the analysis of Microsoft phenomenon against the network markets and traditional compulsory license. It examines the current Community yardstick for mandatory license (was it modified) and considers the Trinko impact on the mandatory licensing in US. Ch. 6 the general guidelines for imposing a compulsory license and compares the methodology and standards used in the US and the EU It also analyses the doctrine’s requirement of vertical integration follow. Conclusions: 1) an inherent conflict between competition and intellectual property law does not exist; 2) the intrinsic devices of intellectual property law should cure the possible anticompetitive consequences of IPRs in the first place; 3) the general provisions of the competition law will normally suffice to address the cases of induced access to IP; 4) there are no particular grounds for which the application of the doctrine should be limited to vertically related markets; 5) the cases of the network effects will particularly well suit the doctrine’s scenario; 6) network effects played important role in Microsoft US Decision; in the EU it has been decided more as an essential facilities case and produced a modified compulsory license benchmark; 7) the approach to the compulsory licensing in the EU and in the US rests on the same premises; the US courts are however more lenient.- Record ID
- UAM9551137d009b4015baa08e897853fb55
- Diploma type
- Doctor of Philosophy
- Author
- Title in Polish
- Microsoft, Problematyczny Sukces? Historia o Licencjach Przymusowych i Doktrynie Koniecznej Infrastruktury, perspektywa Stanów Zjednoczonych i Unii Europejskiej
- Title in English
- Microsoft, A Problematic Success? A tale of Compulsory Licensing and Essentials facilities, The US and the EU Perspective
- Language
- pol (pl) Polish
- Certifying Unit
- Faculty of Law and Administration (SNs/WPriAd/FoLaA) [Not active]
- Discipline
- law / (law) / (social studies)
- Status
- Finished
- Year of creation
- 2010
- Start date
- 20-05-2010
- Defense Date
- 20-05-2010
- Title date
- 20-05-2010
- Supervisor
- URL
- http://hdl.handle.net/10593/372 Opening in a new tab
- Keywords in English
- competition; Microsoft; intellectual property; dominant position; essentials facilities
- Abstract in English
- Ch.1 the IP and antitrust interdependence in the US and EU. Ch. 2 description of the essential facility. Ch. 3 an overview of the US and EU essential facilities and IP related case law. Ch. 4 the detailed account of the Microsoft proceedings. Ch. 5 the analysis of Microsoft phenomenon against the network markets and traditional compulsory license. It examines the current Community yardstick for mandatory license (was it modified) and considers the Trinko impact on the mandatory licensing in US. Ch. 6 the general guidelines for imposing a compulsory license and compares the methodology and standards used in the US and the EU It also analyses the doctrine’s requirement of vertical integration follow. Conclusions: 1) an inherent conflict between competition and intellectual property law does not exist; 2) the intrinsic devices of intellectual property law should cure the possible anticompetitive consequences of IPRs in the first place; 3) the general provisions of the competition law will normally suffice to address the cases of induced access to IP; 4) there are no particular grounds for which the application of the doctrine should be limited to vertically related markets; 5) the cases of the network effects will particularly well suit the doctrine’s scenario; 6) network effects played important role in Microsoft US Decision; in the EU it has been decided more as an essential facilities case and produced a modified compulsory license benchmark; 7) the approach to the compulsory licensing in the EU and in the US rests on the same premises; the US courts are however more lenient.
- Uniform Resource Identifier
- https://researchportal.amu.edu.pl/info/phd/UAM9551137d009b4015baa08e897853fb55/
- URN
urn:amu-prod:UAM9551137d009b4015baa08e897853fb55