REGULATING THE CONFLICTS BETWEEN STANDARD ESSENTIAL PATENTS AND TECHNOLOGICAL STANDARDISATION: A REFORM AGENDA FOR AUSTRALIA

2019-03-15T07:04:10Z (GMT) by TYRONE RAYMOND BERGER
Technology standards play a significant role in the modern economy. The practice of standardisation promotes both technology diffusion and innovation across a range of industries, and has crucial implications for national economies and governments. The development of technical standards, however, can give rise to anti-competitive effects, as well, as communicate pro-competitive signals. To date, there is still no clear approach towards anti-competitive conduct in technological standardisation in Australia. This thesis proposes amendments to the Competition and Consumer Act 2010 to address any legislative limitations, as well as, recommend a number of non-legislative measures to provide prospective licensees of SEPs with more guidance and legal certainty.