The flow of reality’s development: from postmodernism to post-postmodernism in John Irving’s The World According to Garp and Last Night in Twisted River

In this master’s thesis, I examine the development of writer-characters and metafiction from John Irving’s The World According to Garp to Last Night in Twisted River and how this development relates to the development of late twentieth century postmodern literary theory to twenty-first century post-postmodern literary theory. The purpose of my study is to determine how the prominently postmodern feature metafiction, created through the writer-character’s stories-within-stories, has changed in form and function in the two novels published thirty years apart from one another, and what possible features this indicates for future post-postmodern theory. I establish my theoretical framework on the development of metafiction largely on late twentieth-century models of author and authorship as discussed by Roland Barthes, Wayne Booth and Michel Foucault. I base my close analysis of metafiction mostly on Linda Hutcheon’s model of overt and covert metafiction. At the end of my study, I examine Irving’s later novel through Suzanne Rohr’s models of reality constitution and fictional reality. The analysis of the two novels focuses on excerpts that feature the writer-characters, their stories-within-stories and the novels’ other characters and the narrators’ evaluations of these two. I draw examples from both novels, but I illustrate my choice of focus on the novels at the beginning of each section. Through this, I establish a method of analysis that best illustrates the development as a continuum from pre-existing postmodern models and theories to the formation of new post-postmodern theory. Based on my findings, the thesis argues that twenty-first century literary theory has moved away from postmodern overt deconstruction of the narrative and its meaning. New post-postmodern literary theory reacquires the previously deconstructed boundaries that define reality and truth and re-establishes them as having intrinsic value that cannot be disputed. In establishing fictional reality as self-governing and non-intrudable, post-postmodern theory takes a stance against postmodern nihilism, which indicates the re-founded, non-questionable value of the text’s reality. To continue mapping other possible features of future post-postmodern theory, I recommend further analysis solely on John Irving’s novels’ published in the twenty-first century.

Compulsory licensing of standard-essential patents and injunctive relief as abuse of dominant position in violation of Article 102 TFEU

When a dominant undertaking holding a standard-essential patent uses its exclusive right to the IP to seek injunctions against those wishing to produce either de jure or de facto standard compliant products, it creates a conflict between the exclusive right to the use of the IP on the one hand and the possible abuse of dominance due to the exclusionary conduct on the other. The aim of the thesis is to focus on the issues concerning abuse of dominance in violation of Article 102 TFEU when the holder of the standard-essential patent seeks an injunction against a would-be licensee. The thesis is mainly based on the most recent ECJ case law in Huawei and the Commission’s recent decisions in Samsung and Motorola. The case law in Europe prior to those decisions was mainly focused on the German case law from Orange Book Standard which provided IP holders great leverage due to the almost automatic granting of injunctions against infringers. The ECJ in Huawei set out the requirements for when a de jure standard-essential patent holder would not be violating Article 102 TFEU when seeking an injunction, requiring that negotiations in good faith must take place prior to the seeking of the injunction and that all offers must comply with FRAND terms, thus limiting the scope of case law derived from Orange Book Standard in Germany. The ECJ chose not to follow all of the reasoning the Commission had laid out in Samsung and Motorola which provided a more licensee-friendly approach on the matter, but rather chose a compromise between the IP holder friendly German case law and the Commission’s decisions. However, the ECJ did not disclose how FRAND terms themselves should be interpreted, but rather left it for the national courts to decide. Furthermore, the thesis strongly argues that Huawei did not change the fact that only vertically integrated IP holders who have made a FRAND declaration are subject to the terms laid out in Huawei, thus leaving non-practicing entities such as patent trolls and entities that have not made a FRAND declaration outside its scope. The resulting conclusion from the thesis is that while the ECJ in Huawei presented new exceptional circumstances for when an IP holder could be abusing its dominant position when it seeks an injunction, it still left many more questions answered, such as the meaning of FRAND and whether deception in giving a FRAND declaration is prohibited under Article 102 TFEU or not.