30 Jun Comparative Analysis of U.S. and Italian (EU) Regulations on Standard Essential Patents (SEPs) Under FRAND Obligation

Carlo Matarazzo

Law, Bocconi University, Milano, Italy

E-mail: carlo.matarazzo@studbocconi.it

Abstract

When approaching Intellectual Property, some of the most important concepts are the regulation of Standard Essential Patents (SEPs) and FRAND licensing obligations. In this paper, the fundamental concepts connected to these topics are going to be showcased and explained, with a particular focus on U.S. and EU jurisdictions and the differences between them; in particular, the analysis is going to be taken at an approach level, with the U.S. relying primarily on contract law and limited antitrust intervention, and the E.U., mainly based on Article 102 TFEU. The comparison between jurisdiction is going to show the effectiveness of protection when balancing different interests, with a particular focus on market entry barriers and competition dynamics.

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