Björn Lundqvist

Björn Lundqvist


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Arbetar vid Juridiska institutionen
Telefon 08-16 26 56
Besöksadress Universitetsvägen 10 C
Rum C 982
Postadress Juridiska institutionen 106 91 Stockholm


I urval från Stockholms universitets publikationsdatabas
  • 2017. Björn Lundqvist. Legal Issues of Economic Integration 44 (4), 418-432

    According to several Member States Copyright regimes, laws and regulations should be publicly accessible, free of charge, as only free access complies with basic standards of democracy, rule of law and transparency. Indeed, legal text is generally exempted from Copyright protection. However, what should we do with privately created rules, i.e. technical standards incorporated in laws by reference? Are technical standards incorporated by reference 'law', and exempted from Copyright protection, or something else? On the contrary, if such technical standards are not 'law', but the result of private intellectual creativity, access may restricted. Generally, Standard-Setting Organizations have been charging for access to technical standards claiming copyright protection. However, from the recent James Elliott case, we now know that EU harmonized standards, i.e. technical standards referred to in certain EU directives, forms part of EU law and may be interpreted by the European Court of Justice. So, no copyright? European harmonized standards are freely available for copying, uploading and downloading? Well, it depends. Indeed, the James Elliot case raises interesting questions of both constitutional and commercial character in reference to the status of technical standards incorporated by reference in law, of which some are discussed in this article.

  • 2015. Björn Lundqvist, Helene Andersson. Harmonizing EU Competition Litigation
  • 2010. Björn Lundqvist, Hanns Ullrich.

    Great prosperity is derived from innovation, which in turn prospers in an environment with a large public domain of free knowledge, property rights and unfettered competition. Generally, this was the basic theory for prosperity under the antitrust laws with reference to joint R&D, technology transfer and technology standardization in the US and Europe for many years. This perspective was slowly abandoned in the 1980s and 1990s, replaced by a belief that the greatest wealth was derived from innovators having large resources to perform R&D, the ability to cooperate with competitors and the possibility of jointly protect and exploit newly discovered knowledge through intellectual property rights, technology standardization agreements and joint licensing schemes. The antitrust policies on both sides of the Atlantic have closely and swiftly been adapted to mirror this change of theory. The thesis illustrates this transformation by analyzing the modifications and amendments made to legal acts and guidelines, and the slow shift in the scant case-law detected both under the antitrust laws of the USA and the Competition Rules of the EU. The thesis shows that the prevailing antitrust policies towards R&D collaborations, technology standardization agreements and patent pools are very similar in the US and EU and they both mirror a lenient or even supportive attitude towards collaboration between competitors in reference to creating innovation.

Visa alla publikationer av Björn Lundqvist vid Stockholms universitet

Senast uppdaterad: 12 oktober 2018

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