@article{49125, url = {http://tind.wipo.int/record/49125}, title = {No-Challenge Clauses in an SEP Licensing Agreement as an Abuse of a Dominant Position.}, abstract = {Law No. 4054 on the Protection of Competition, Art. 6 ‒ TV Subtitling Software Headnotes by the Editorial Office 1. Adding a ‘no-challenge clause’ to an SEP licensing agreement subject to FRAND constitutes an abuse of a dominant position. Therefore, in terms of competition law, the right of a licensee to question the validity of the relevant patent is an interest worth protecting. 2. The argument that the ‘no-challenge clause’ added to the contract will end global litigation between the parties is not sufficient on its own. Council of State, decision of 15 November 2022 ‒ Case No. 2022/2966, Decision No. 2022/4240 […] Subject of the Petition: It is requested that the (…) Regional Administrative Court (…) Administrative Case Department’s decision dated (…) No. (…) be reversed on appeal. The trial proceedings Request at issue in the lawsuit: It was requested that the Competition Board (Board) decision […] regarding the imposition of an administrative fine of 0.75% of the annual gross revenues determined by the Board at the end of the fiscal year 2018 on the grounds that the plaintiff company was in a dominant position in the subtitling technology market for digital video broadcasting during the period examined and violated Art. 6 of Law No. 4054 on the Protection of Competition be annulled.}, doi = {https://doi.org/10.1093/grurint/ikad112}, recid = {49125}, pages = {1 online resource (pages 1171–1176)}, }