Standards For Standards

Maurits Dolmans, Cleary, Gottlieb, Steen & Hamilton (Brussels)

1/01/2005
(Original Publish Date: 5/22/2002)

This Article discusses the application of European competition law to standardization activities and associated Intellectual Property Rights ("IPR") Policies and licensing arrangements. It briefly discusses the objectives of standardization activities in Europe and contains a general introduction into relevant principles of European Community ("EC") competition law. This is followed by a review of principles and antitrust case law relating to: (a) restrictions on membership and access to the standardization process; (b) possible spill-over effects; (c) standard depth and over-standardization; (d) selection of technology for standards; (e) access to standards information and essential IPRs; (f) IPR Policies and problems associated with non-disclosure, late disclosure, or incomplete disclosure of essential patents; and (g) compulsory licensing of essential IPRs under Articles 81(3) (ex Article 85(3)) and 82 (ex Article 86) of the Treaty Establishing the European Community ("EC Treaty"), and disputes concerning royalties and licensing terms in a standards environment. Some standards for standards appear at the end of this Article.