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Orange-Book-Standard

January 08, 2024

Orange-Book-Standard (Az. KZR 39/06) is a decision issued on May 6, 2009 by the Federal Court of Justice of Germany (German: Bundesgerichtshof, BGH) on the interaction between patent law and technical standards, and more generally between intellectual property law and competition law. The Court held that a defendant, accused of patent infringement and who was not able to obtain a license from the patentee, may defend himself, under certain conditions, by invoking an abuse of a dominant market position.[1]

The name "Orange-Book-Standard" comes from the Orange Book that contained the format specifications for CD-Rs, the technology at issue in the case that led to the Orange-Book-Standard decision.[2]

See also edit

References edit

  1. ^ Joseph Straus, "Patent Application: Obstacle for Innovation and Abuse of Dominant Position under Article 102 TFEU?", Journal of European Competition Law & Practice (2010) 1 (3): 189-201, footnote 71.
  2. ^ Mark Schweizer, "Dutch see Orange Book differently; Philips prevails again", IPKat, March 18, 2010.

External links edit

  • (in German) Decision (case number: "KZR 39/06") (a translation is available here)

Further reading:

  • Stephan Dorn, Green-Orange-Red, the German Orange-Book decision is putting industry on alert, IPEG, September 14, 2009.
  

This article about German law is a stub. You can help Wikipedia by expanding it.

January 08, 2024
orange, book, standard, decision, issued, 2009, federal, court, justice, germany, german, bundesgerichtshof, interaction, between, patent, technical, standards, more, generally, between, intellectual, property, competition, court, held, that, defendant, accuse. Orange Book Standard Az KZR 39 06 is a decision issued on May 6 2009 by the Federal Court of Justice of Germany German Bundesgerichtshof BGH on the interaction between patent law and technical standards and more generally between intellectual property law and competition law The Court held that a defendant accused of patent infringement and who was not able to obtain a license from the patentee may defend himself under certain conditions by invoking an abuse of a dominant market position 1 The name Orange Book Standard comes from the Orange Book that contained the format specifications for CD Rs the technology at issue in the case that led to the Orange Book Standard decision 2 See also editEssential patent European Union competition law Rainbow Books the collection of standards defining the formats of Compact Discs including the Orange Book standard Reasonable and non discriminatory licensing RAND References edit Joseph Straus Patent Application Obstacle for Innovation and Abuse of Dominant Position under Article 102 TFEU Journal of European Competition Law amp Practice 2010 1 3 189 201 footnote 71 Mark Schweizer Dutch see Orange Book differently Philips prevails again IPKat March 18 2010 External links edit in German Decision case number KZR 39 06 a translation is available here Further reading Stephan Dorn Green Orange Red the German Orange Book decision is putting industry on alert IPEG September 14 2009 nbsp nbsp This article about German law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Orange Book Standard amp oldid 1193676750, wikipedia, wiki, book, books, library,

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