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ARTICLE · 20 OCTOBER 2020

SEPs –Turkish Competition Board Rendered The First Decision

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The debate over finding a legal framework for the enforcement of SEPs has been one of the hot IP topics of 2020.

TurkeyAntitrust/Competition Law
Okan Çan
Okan Çan
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The debate over finding a legal framework for the enforcement of SEPs has been one of the hot IP topics of 2020. The German Federal Supreme Court's recent ruling on FRAND rules for SEPs in *Sisvel v Haier* based on the European Court of Justice's (ECJ) landmark *Huawei v ZTE* ruling has brought new dimensions to the debate - the discussion is far from over. 

Turkey has started discussing the licensing of SEPs following a decision by the Turkish Competition Authority at the end of 2019, in which the authority referred for the first time to FRAND terms regarding a patented technology.  The Competition Board decided on an SEP dispute regarding FRAND-compliant SEP licences at the end of 2019 and issued the motivated decision at the beginning of 2020. The board in its decision complies with EU legislation and is likely to choose one of the approaches employed in EU jurisprudence for its analysis. 

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