The Use of Standard Essential Patents : Competition Policy Issues

The threat, seeking and enforcement of injunctions, i.e. court decisions whereby a party is ordered to desist from an infringement of an intellectual property right, have recently come under the spotlights of courts and regulatory authorities on both sides of the Atlantic. The main purpose of this brief paper is to highlight some of the crucial issues competition authorities and courts are likely to consider when applying Article 102 TFEU to the threat, seeking and enforcement of injunctive reliefs by owners of standard essential patents