Orange-Book-Standard (Az. KZR 39/06) is a decision issued on May 6, 2009 by the Federal Court of Justice of Germany (German: Bundesgerichtshof, BGH) on the interaction between patent law and standards, and more generally between intellectual property law and competition law. The Court held that a defendant, accused of patent infringement and who was not able to obtain a license from the patentee, may defend himself, under certain conditions, by invoking an abuse of a dominant market position.
- Essential patent
- European Union competition law
- Rainbow Books, the collection of standards defining the formats of Compact Discs, including the Orange Book standard
- Reasonable and non-discriminatory licensing (RAND)
- Joseph Straus, "Patent Application: Obstacle for Innovation and Abuse of Dominant Position under Article 102 TFEU?", Journal of European Competition Law & Practice (2010) 1 (3): 189-201, footnote 71.
- Mark Schweizer, "Dutch see Orange Book differently; Philips prevails again", IPKat, March 18, 2010.
- Stephan Dorn, Green-Orange-Red, the German Orange-Book decision is putting industry on alert, IPEG, September 14, 2009.