The relation between intellectual property law and competition law using the example of standard essential patents

Abstract

The aim of this thesis is to take a closer look at the interesting relationship between patent rights and competition law. The focus will be set on European and German law. The reason for it is that the European courts already started to deal with the relation between intellectual property and competition law decades ago and have assumed a leading role in handling the anticompetitive exercise of intellectual property rights. Apart of the European focus the legal situation in South Africa will be elicited as well and, as far as possible, analysed against the background of the European situation.