Posted: February 27th, 2009
Infringement proceedings (Standards and FRAND), Mannheim Regional Court, Germany, 27 February 2009, Case No.: 7 O 94/08
The declaration by the owner of a patent vis-à-vis a standardisation organisation to grant a licence to any interested party at conditions which are fair, reasonable and not discriminating is not in rem disposition over the patent, but rather an obligation under the law of obligations in the sense of a pactum de non petendo which is not within the scope of succession protection under § 15 (3) German Patent Act.
Transferring a patent for which such a declaration has been made vis-à-vis the standardisation organisation to a third party without imposing these obligations on the third party does not constitute a breach of Article 81 (1) EC.
Read the judgment (in German) here.