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Orange-Book-Standard
''Orange-Book-Standard'' (Az. KZR 39/06) is a decision issued on May 6, 2009 by the Federal Court of Justice of Germany (, 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. 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.Mark Schweizer"Dutch see Orange Book differently; Philips prevails again" IPKat, March 18, 2010. See also * Essential 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-discriminato ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Reasonable And Non-discriminatory Licensing
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right (usually a patent) that is, or may become, essential to practice a technical standard. Put differently, a F/RAND commitment is a voluntary agreement between the standard-setting organization and the holder of essential patent, standard-essential patents. U.S. courts, as well as courts in other jurisdictions, have found that, in appropriate circumstances, the implementer of a standard—that is, a firm or entity that uses a standard to render a service or manufacture a product—is an intended third-party beneficiary of the FRAND agreement, and, as such, is entitled to certain rights conferred by that agreement. A standard-setting organization is an industry group that sets common standards for its particular industry to ensure compati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rainbow Books
The Rainbow Books are a collection of CD format specifications, generally written and published by the companies involved in their development, including Philips, Sony, Matsushita and JVC, among others. A number of these specifications have been officially adopted by established standards bodies, including the ISO, IEC, and ECMA. ''Red Book'' (1980) *CD-DA (''Digital Audio'') – originally published by Philips and Sony in 1981, it was later standardized as IEC 60908:1987 and later IEC 60908:1999. ** CD-Text – a 1996 extension to CD-DA **CD-MIDI – part of the original Red Book standard ** CD+G (''plus Graphics'') – an extension of the Red Book specifications used mainly for karaoke ***CD+EG (''plus Extended Graphics'') – an extension of CD+G ''Yellow Book'' (1983) *CD-ROM (''Read-Only Memory'') – originally developed by Philips and Sony, it was standardized as ISO/IEC 10149 in 1988 and ECMA-130 in 1989 **CD-ROM XA (''eXtended Architecture'') – a 1991 ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Essential Patent
An essential patent or standard-essential patent (SEP) is a patent that claims an invention that must be used to comply with a technical standard. Standard-setting organizations (SSOs) normally require their members to agree to license their essential patents on fair, reasonable and non-discriminatory terms. Determining which patents are essential to a particular standard can be complex. See also * Patent ambush, a situation in which patents are withheld during development of a proposed standard * Patent infringement, the commission of a prohibited act with respect to a patented invention * Patent thicket, a negatively connoted term for an overlapping set of patent rights * '' Orange-Book-Standard'', a German decision on the interaction between patent law and technical standards * Standardization Standardization (American English) or standardisation (British English) is the process of implementing and developing technical standards based on the consensus of different parti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Justice Of Germany
The Federal Court of Justice ( , ) is the highest court of civil and criminal jurisdiction in Germany. Its primary responsibility is the final appellate review of decisions by lower courts for errors of law. While, legally, a decision by the Federal Court of Justice is only binding with respect to the individual case in which it enters, '' de facto'' the court's interpretation of the law is followed by lower courts with almost no exception. Decisions handed down by the Federal Court of Justice can only be vacated by the Federal Constitutional Court for violating a provision of the German constitution, the Basic Law. In addition to the court's appellate duties, a few judges of the Federal Court of Justice act as investigating judges in criminal investigations led by the Public Prosecutor General for a small number of exceptional offenses (such as crimes against humanity and the formation of terrorist organisations). As such, they are responsible for issuing search and arres ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Case Law
European, or Europeans, may refer to: In general * ''European'', an adjective referring to something of, from, or related to Europe ** Ethnic groups in Europe ** Demographics of Europe ** European cuisine, the cuisines of Europe and other Western countries * ''European'', an adjective referring to something of, from, or related to the European Union ** European Union citizenship ** Demographics of the European Union In publishing * ''The European'' (1953 magazine), a far-right cultural and political magazine published 1953–1959 * ''The European'' (newspaper), a British weekly newspaper published 1990–1998 * ''The European'' (2009 magazine), a German magazine first published in September 2009 *''The European Magazine'', a magazine published in London 1782–1826 *''The New European'', a British weekly pop-up newspaper first published in July 2016 Other uses * * Europeans (band), a British post-punk group, from Bristol See also * * * Europe (other) * The Europ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competition Law
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law (or just antitrust), anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies (known as trusts) is commonly known as trust busting. The history of competition law reaches back to the Roman Empire. The business practices of market traders, guilds and governments have always been subject to scrutiny, and sometimes severe sanctions. Since the 20th century, competition law has become global. The two largest and most influential systems of competition regulation are United States antitrust law and European Union competition law. National and regional competition authorities across the world have formed international support and enforcement networks. Modern competition law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Competition Law
In the European Union, competition law promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society. European competition law today derives mostly from articles 101 to 109 of the Treaty on the Functioning of the European Union (TFEU), as well as a series of Regulations and Directives. Four main policy areas include: *Cartels, or control of collusion and other anti-competitive practices, under article 101 TFEU. * Market dominance, or preventing the abuse of firms' dominant market positions under article 102 TFEU. *Mergers, control of proposed mergers, acquisitions and joint ventures involving companies that have a certain, defined amount of turnover in the EU, according to the European Union merger law. * State aid, control of direct and indirect aid given by Member States of the European Union to companies un ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
CD-R
CD-R (Compact disc-recordable) is a digital media, digital optical disc data storage device, storage format. A CD-R disc is a compact disc that can only be Write once read many, written once and read arbitrarily many times. CD-R discs (CD-Rs) are readable by most CD readers manufactured prior to the introduction of CD-R, unlike CD-RW discs. History Originally named CD Write once read many, Write-Once (WO), the CD-R specification was first published in 1988 by Philips and Sony in the Rainbow Books, Orange Book, which consists of several parts that provide details of the CD-WO, CD-MO (Magneto-Optic), and later CD-RW (Re Writable). The latest editions have abandoned the use of the term ''CD-WO'' in favor of ''CD-R'', while ''CD-MO'' was rarely used. Written CD-Rs and CD-RWs are, in the aspect of low-level encoding and data format, fully compatible with the audio CD (''Red Book'' CD-DA) and data CD (''Yellow Book'' CD-ROM) standards. The Yellow Book standard for CD-ROM only speci ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joseph Straus
Joseph Straus (born 1938 in Trieste, Italy)Joseph Straus, Max Planck Institute for Intellectual Property, Competition and Tax Law web site is professor of intellectual property law, former director of the Max Planck Institute for Intellectual Property, Competition and Tax Law, Munich, Germany, and Chairman of the Managing Board of the Munich Intellectual Property Law Center (MIPLC). According to the Intellectual Asset Management magazine, he is "one of the world's most influential patent scholars."IP Hall of Fame 2007', Intellectual Asset Management magazine web site, Consulted on March 11, 2008. (detailhere anhere He is member and dean of the Class "Social Sciences, Law and Economics" of the European Academy of Sciences and Arts. References and notes External links Joseph Strausat the Max Planck Institute for Intellectual Property, Competition and Tax Law Joseph Strausat the Munich Intellectual Property Law Center The Munich Intellectual Property Law Center (MIPLC) is a center ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Law
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 102 Of The Treaty On The Functioning Of The European Union
Article 102 of the Treaty on the Functioning of the European Union (TFEU) (formerly Article 82 of the Treaty establishing the European Community) is aimed at preventing businesses in an industry from abusing their positions by colluding to fix prices or taking action to prevent new businesses from gaining a foothold in the industry. Its core role is the regulation of monopolies, which restrict competition in private industry and produce worse outcomes for consumers and society. It is the second key provision, after Article 101, in European Union (EU) competition law. Text of Article 102 The text of Article 102 provides the following, Application The wording of the provision gives rise to several issues to consider in the application of Article 102; namely, the concept of 'one or more undertaking', 'Relevant market', 'Dominant position' and 'Effect on trade between member states'. One or more undertaking Undertaking An entity must be an 'undertaking' to be subject ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Licensing
A license (American English) or licence ( Commonwealth English) is an official permission or permit to do, use, or own something (as well as the document of that permission or permit). A license is granted by a party (licensor) to another party (licensee) as an element of an agreement between those parties. In the case of a license issued by a government, the license is obtained by applying for it. In the case of a private party, it is by a specific agreement, usually in writing (such as a lease or other contract). The simplest definition is "A license is a promise not to sue", because a license usually either permits the licensed party to engage in an illegal activity, and subject to prosecution, without the license (e.g. fishing, driving an automobile, or operating a broadcast radio or television station), or it permits the licensed party to do something that would violate the rights of the licensing party (e.g. make copies of a copyrighted work), which, without the lice ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
