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Orange-Book-Standard

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Orange-Book-Standard

Orange-Book-Standard 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 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

References

  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

  • (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.
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