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Defining the true meaning of the acronym FRAND reminds of the parable of two political parties arguing before the elections: who is right and who is wrong, although they both know that there is no such thing as one truth and most utterly it depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicts what FRAND terms and conditions means seem to be unavoidable. The analysis shows that the FRAND debate is very controversial and that many questions related to the enforcement of FRAND commitments under EC competition law remain unsolved. In essence, this paper demonstrates that FRAND commitments can be used as a powerful defence in order to prevent dominant patent holders from abusively exploiting their standard-essential patents. However, when determining the impact of FRAND commitments under Article 102 TFEU, it should be kept in mind that the test that complainants need to meet, is not merely a test based on the rational of FRAND commitments under the relevant SSOs rules. In other words, in the absence of dominance, even if a patentee in fact does not fulfil his FRAND commitments and asks for exorbitant royalty rates, this does not automatically provide complainants with an antirust remedy under the EC competition law.Currently the author is an associate lawyer with law firm Amereller Rechtsanwälte & Legal Consultants in Munich and Dubai, with the main area of practise IP law and international arbitration.

Patent licenses --- Patent suits --- Antitrust law --- Global system for mobile communications --- Treaty Establishing the European Economic Community --- Fair, reasonable, and non-discriminatory terms --- GSM communications --- Cell phone systems --- Context-aware computing --- Patent litigation --- Patent laws and legislation --- Licenses (Patents) --- Patents --- Foreign licensing agreements --- License agreements --- Patent assignments --- Licenses --- Markenrecht --- Urheberrecht / Gewerblicher Rechtsschutz und Medienrecht --- Gewerblicher Rechtsschutz

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The world increasingly faces the adverse impact of climate change. What role can intellectual property play to stimulate the necessary innovation and technology transfer? Providing an inventory of patent law, policy and information, including certain private initiatives, this thesis discusses issues at the crossroads of intellectual property and climate change, such as: compulsory licensing for climate change, patent offices' preferential treatment policy for 'green' technology and TRIPS compliance, consideration of 'greenness' in substantive patent law, and antitrust disputes affecting green technology sectors. Just as technical progress on climate change is rooted in a open range of scientific experimentation, intellectual property must offer complementary solutions. Whether through public or private initiative, key among these, the thesis concludes, is the optimal provision of information to technology users.The author has worked at the World Intellectual Property Organization (WIPO) and, in addition to degrees from Ewha Women's University in Seoul and the Munich Intellectual Property Law Center, more recently has obtained an LL.M. in Law, Science & Technology from Stanford Law School.

Patent laws and legislation. --- Patent licenses. --- Patents (International law) --- Technology transfer --- Environmental protection --- Climatic changes --- Climate change mitigation. --- Technological innovations --- Green technology. --- Geistiges Eigentum. --- Klimaänderung. --- Technologietransfer. --- Zwangslizenz. --- Law and legislation. --- Technology transfer. --- Lizenz --- Techniktransfer --- Technologieexport --- Wissens- und Technologietransfer --- Klima --- Klimawandel --- Klimaveränderung --- Klimawechsel --- Immaterialgut --- Eigentum --- Immaterialgüterrecht --- Antitrust law --- Industrial property --- Earth-friendly technology --- Environmental technology --- Technology --- Climate mitigation --- Climatic mitigation --- Mitigation of climate change --- Climate change mitigation --- Environmental law --- Liability for climatic change damages --- Patent laws and legislation (International law) --- International law --- Licenses (Patents) --- Patents --- Foreign licensing agreements --- License agreements --- Patent assignments --- Patent laws and legislation --- Law, Patent --- Scientific property --- Industrial laws and legislation --- Trade regulation --- Copyright --- Veränderung --- Mitigation --- Law and legislation --- Licenses --- Klimaveränderung --- Veränderung --- Technological innovations Law and legislation --- Markenrecht --- Urheberrecht / Gewerblicher Rechtsschutz und Medienrecht --- Gewerblicher Rechtsschutz --- Klimaänderung.