Abstract

The Internet of Things is advancing as a new technological paradigm with enormous economic and societal implications. Network connectivity provides the basis. With this in mind, past and current conflicts surrounding the licensing and enforcement of standard essential patents (SEPs) in the information and communications technology (ICT) sector cast a shadow over IoT development. Focusing on the European approach based on competition law, this article explores the extent to which the existing legal framework, which has been mainly developed against the backdrop of problems in the mobile industry, will be capable of responding adequately to the challenges raised by the IoT.

Highlights

  • The Internet of Things (IoT) represents a new technological paradigm with large economic and societal implications

  • The Internet of Things is advancing as a new technological paradigm with enormous economic and societal implications

  • Past and current conflicts surrounding the licensing and enforcement of standard essential patents (SEPs) in the information and communications technology (ICT) sector cast a shadow over IoT development

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Summary

Introduction

The Internet of Things (IoT) represents a new technological paradigm with large economic and societal implications. In an attempt to point out the common aspects of the multiple definitions, the Internet Society[3] uses the term where network connectivity and computing capability extend to objects, sensors and everyday items, allowing these devices to collect and exchange data with minimal human intervention.[4] Network connectivity provides the foundation of the IoT. With this fact in mind, past and current conflicts surrounding the licensing and enforcement of standard essential patents (SEPs) in the information and communications technology (ICT) sector cast a shadow over IoT development.

General Considerations
IoT Connectivity Technologies
Competitive Dynamics
SEP Ownership and Market Dominance
Lock-in of a Single Implementer
Enforcement of SEPs – The Huawei Judgment in the IoT Context
The CJEU’s Theory of Harm in Huawei
Alternative Theories of Harm
Procedural Framework for Licensing Negotiations
Conclusion
Full Text
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