Browsing by Author "Kallioinen, Pauliina"

Over the last decade, cellular connectivity technology has become a part of the automotive industry, and millions of cars are sold every year with embedded cellular connectivity, such as 5G. The licensing practices in the automotive industry differ significantly from those in the communications industry. Most companies developing 5G technology are telecom companies where the Standard-Essential Patents (SEPs) are usually licensed at the end-product level. In contrast, in the automotive industry, the SEPs are typically licensed at the component level. Thus, with licensing mechanisms, we are looking at a clash of two cultures. This thesis discusses whether EU legislation, The European Telecommunications Standards Institute’s policy or applicable case law support the view that the SEP holder has an obligation to license downstream operators, i.e., component manufacturers. The purpose of this thesis is to determine whether the SEP holder has the right to refuse to license the upstream suppliers or whether the SEP holder has an obligation to offer a license to all interested parties, regardless of the licensee’s location in the value chain. The aim of this thesis is to investigate relevant cases to form a conclusion of the SEP holder’s rights and obligations in the context of licensing SEPs in a multilevel value chain. The method of this research is primarily a literature review. The findings are primarily based on research articles, EU official documents and applicable case law. The thesis is inspired by argumentations made by legal scholars and the recently settled SEP dispute between Nokia v Daimler. As illustrated in this thesis, two hugely different approaches have been debated when exploring SEP holder’s obligation to license upstream implementers. These approaches are known as “License-to-All” and ‘’Access-to-All’’. This thesis suggests that EU antitrust law, FRAND obligations or the EU case law should not interpret to impose an obligation on the SEP holder to offer a license to all parties in the value chain. Thus, in line with the ‘‘Access-To-All’’ approach, the SEP holder can choose which level of the value chain it grants the license, e.g., component level.