Download or read book Standard Essential Patent in Telecommunication Standard written by Hung-yu Chuang and published by . This book was released on 2016 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This dissertation takes national standard essential patent ("SEP") policy for telecommunication markets as a case study of global regulatory competition. Nations or regions use technical standard-setting processes as a regulatory tool to promote or protect their local industries. A SEP is one that reads on a specific industry standard so that it is not possible to implement the technical standard without infringing or licensing the patent. Regulatory competition in information and communication technology ("ICT") markets is complicated in part because ICT standards spread worldwide and they may cover hundreds or thousands of SEPs in different countries around the world. Different countries have different intellectual property ("IP") regimes, standardization policies and SEP policies. Private enterprises may try to exploit these differences in an effort in order to dominate global ICT markets. In the past, global multinational corporations ("GMNCs") based in western market economies have dominated global ICT standard-setting organizations ("SSOs") and benefited enormously from SEP revenues earned in global markets, but China is now making progress in challenging this system. American telecommunication enterprises are strong innovators and so often obtain first-mover advantage in global markets. When they succeed in dominating global ICT standard setting processes, American telecommunication enterprises receive royalties through licensing SEPs around the world. American standardization policy is "market-led" because private enterprises are the leaders and the U.S. government only plays a supporting role. A major People's Republic of China ("PRC") government policy is to reduce or eliminate SEP royalties paid by Chinese enterprises to foreign enterprises, and to promote PRC indigenous standards as global standards, permitting PRC enterprises to collect SEP royalties from foreign sources. However, Chinese telecommunication enterprises are not as strong in innovation capacity as their American competitors. The PRC government encourages domestic enterprises to engage in Indigenous Innovation and to develop indigenous standards, so technology standard-setting in China is not "market-led." The processes are dominated by the government with the Chinese private sector only playing a supporting role. Both ICT standards and IP may support the construction of global markets through harmonization. To achieve harmonization, the ICT standardization and IP policies that make up national SEP policies should be similar around the world. But U.S. and China have different national cultures of innovation and legal cultures resulting in different SEP policies. Because U.S. and China are today among the most important national markets for the global telecommunication industry, it is interesting and important to consider how their competing SEP policies might support or resist the global harmonization trend. This dissertation uses global 3G international telecommunication standards as a case study to compare U.S. and Chinese regulation of telecommunication technology standardization and national SEP policies. The analysis in this dissertation shows that, although the regulatory competition strategies of the United States and China have evolved over time, they are each largely determined by long-term historical and cultural factors that cannot change quickly. Because national strategies regarding patent law, standardization and SEPs tend to evolve slowly in response to rapidly changing global market conditions, it may be possible to predict the outcome of the coming contest over global 5G telecommunication standards based on the outcomes of contests for control over 2G, 3G and 4G standards.
Download or read book Complications and Quandaries in the ICT Sector written by Ashish Bharadwaj and published by Springer. This book was released on 2017-10-27 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY 4.0 license. With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by “fair”, “reasonable” and “non-discriminatory” terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.
Download or read book Patent Challenges for Standard Setting in the Global Economy written by National Research Council and published by National Academies Press. This book was released on 2013-10-07 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Download or read book Standard Essential Patents and FRAND Terms written by V.K Ahuja and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standards are essential for consistency, interoperability and conformity of products/parts from various producers.The standard compliant devices may play an important role in the domain of telecommunication, entertainment, education, medical, business and other sectors. From consumers' perspectives, standards play an important role by ensuring to them --the quality and safety of products and services‖. Interoperability results into more utility and brings down the prices of the products. The standards are set by Standard Setting Organisations (SSOs). In cases, where the invention made as a part of an --essential standard‖ is patented, that patent becomes Standard Essential Patent (SEP).The holders of SEPs are required to give an undertaking to the SSOs that they will grant license to the users of their SEPs on --fair, reasonable and non-discriminatory terms‖ popularly known as FRAND terms. The SEP holders enjoy dominant position and sometimes misuse that position. They are expected to ensure fair access to SEPs by the users so that the benefit goes to the consumers in terms of standard compliant devices at competitive prices. The courts in various jurisdictions have given pronouncements on FRAND terms as well as on anticompetitive practices adopted by the SEP holders.
Download or read book Multi dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
Download or read book Truly Standard essential Patents written by Lorenz Brachtendorf and published by . This book was released on 2020 with total page 43 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standard-essential patents (SEPs) have become a key element of technical coordination in standard-setting organizations. Yet, in many cases, it remains unclear whether a declared SEP is truly standard-essential. To date, there is no automated procedure that allows for a scalable and objective assessment of SEP status. This paper introduces a semantics-based method for approximating the standard essentiality of patents. We provide details on the procedure that generates the measure of standard essentiality and present the results of several validation exercises. In a first empirical application we illustrate the measure's usefulness in estimating the share of true SEPs in firm patent portfolios for several mobile telecommunication standards. We find firm-level differences that are statistically significant and economically substantial. Furthermore, we observe a general decline in the average share of presumably true SEPs between successive standard generations.
Download or read book Patents and Standards written by Michael Drapkin (Lawyer) and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Part I [of this book] looks at the history, organizations, and policy considerations involved in setting standards. Part II offers best practices for patent prosecution and portfolio development for standards-related technology, including interfacing with engineers, portfolio development, preparation of SEPs, claiming strategies, and prosecution in the U.S. and other countries. Part III examines licensing and litigation issues for patents and standards, including FRAND licensing, antitrust issues, and litigation forum selection and remedies. Contributing authors provide their perspectives on the key issues in this complicated and contentious area, and offer practical guidance, charts, tables, timelines, practice tips, and more."--
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Download or read book The Cambridge Handbook of Technical Standardization Law written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2017-12-14 with total page 1194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
Download or read book Regionalism in Standards written by Maggie Xiaoyang Chen and published by World Bank Publications. This book was released on 2004 with total page 37 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: "Regional agreements on standards have been largely ignored by economists and unconditionally blessed by multilateral trade rules. Chen and Mattoo find, theoretically and empirically, that such agreements increase trade between participating countries but not necessarily with the rest of the world. Adopting a common standard in a Region--that is, harmonization--boosts exports of excluded industrial countries to the region. But it reduces exports of excluded developing countries, possibly because developing country firms are hurt more by an increase in the stringency of standards and benefit less from economies of scale in integrated markets. Mutual recognition agreements are more uniformly trade promoting unless they contain restrictive rules of origin, in which case intra-regional trade increases at the expense of trade with other, especially developing, countries. The authors propose a modification of international trade rules to strike a better balance between the interests of integrating and excluded countries. This paper--a product of the Trade Team, Development Research Group--is part of a larger effort in the group to understand the implications for trade of agreements on standards"--World Bank web site.
Download or read book Complications and Quandaries in the ICT Sector written by Ashish Bharadwaj and published by . This book was released on 2020-10-08 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by "fair", "reasonable" and "non-discriminatory" terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers. This work was published by Saint Philip Street Press pursuant to a Creative Commons license permitting commercial use. All rights not granted by the work's license are retained by the author or authors.
Download or read book Licensing Standard Essential Patents written by Igor Nikolic and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Standard Essential Patents FRAND Commitments and Competition Law written by Torsten Körber and published by Nomos Verlagsgesellschaft. This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study takes up central questions concerning the relation between competition and patent law raised by the current "patent wars" in the IT sector. The author assesses the relevance of FRAND commitments under contract and competition law. He further develops criteria for determining reasonable patent license fees and discusses the circumstances under which the filing of a cease and desist order by the holder of a standard assistant patent (SEP) constitutes an abuse according to Article 102 TFEU. Finally, the German BGH's Orange-Book-Standard decision on requirements of compulsory license defense under competition law and its application in the lower courts are criticised. The author defines the BGH's criteria more precisely and questions their compatibility with EU competition law. The volume brings together both an English and a German version of the analysis. The author is professor at the University of Goettingen. His primary research areas are competition and regulation law, with particular emphasis on their relevance for network industries (energy, telecommunications, internet), merger control and competition law in media contexts (intersecting with intellectual property law).
Download or read book Information Technology Standards and Standardization A Global Perspective written by Jakobs, Kai and published by IGI Global. This book was released on 1999-07-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the emerging global information infrastructure, information technology standards are becoming increasingly important. At the same time, however, the standards setting process has been criticized as being slow, inefficient and out of touch with market needs. What can be done to resolve this situation?To provide a basis for an answer to this question, Information Technology Standards and Standardization: A Global Perspective paints as full a picture as possible of the varied and diverse aspects surrounding standards and standardization. This book will serve as a foundation for research, discussion and practice as it addresses trends, problems and solutions for and by numerous disciplines, such as economics, social sciences, management studies, politics, computer science and, particularly, users.
Download or read book Global Value Chains in a Changing World written by Deborah Kay Elms and published by . This book was released on 2013 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of papers by some of the world's leading specialists on global value chains (GVCs). It examines how GVCs have evolved and the challenges they face in a rapidly changing world. The approach is multi-disciplinary, with contributions from economists, political scientists, supply chain management specialists, practitioners and policy-makers. Co-published with the Fung Global Institute and the Temasek
Download or read book Standard Essential Patents SEP s Issues Challenges in Developing Economies written by Ankita Tyagi and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property rights (IPRs) in standards have proven to be an intensively debated issue nowadays. Although standards are meant to offer 'access' to technology and patents grant the possibility to 'exclude' others (exclusivity rights), both aim to promote innovation. The “return on investment” (ROI) from the patented technology selected to become part of a standard is the motor that fuels the development and implementation of standards. When aiming to solve highly complex technology problems the effort of many companies in sharing the technology resulting from large R&D investments is necessary. It is not surprising that, before sharing with others, such technical solutions are protected by patents. Thus, in the information communication technology (ICT) area the phenomenon of patents in standards is the general rule. Indeed, connecting millions of devices with each other (interoperability) and making them work properly (high performance) can only be achieved when the best technologies out of thousands of contributed technical solutions are selected. Considering some of the most celebrated Government of India's initiatives such as Internet of Things, Start Up India, Make in India, Digital India etc. calls for an effective IPR regime that incentivizes development of standardized technologies and encourages indigenous local manufacturing of innovative standardized devices. This will go a long way in reducing India's net import reliance, enhancing value addition, creating IP, generating employment, increasing domestic patent footprint, reducing cash outflow due to Bill of Materials (BOM), etc. With this view, the present paper analyses the concept of Standard Essential Patents (SEPs) and related issues to mobile technology that are deliberated at various forums. It summarizes some important aspects that arise when dealing with SEPs. The linkage of standards and patents has also been studied. The paper examines the patent landscape and offers analysis of existing and anticipated patent holdings. It also outlines the evolution of key technologies and provides comparative analysis of key patents. The paper brings light to some notable circumstances likely to influence the mobile patent landscape for the next several years and gives some recommendations for facilitating India's growth story in creation, protection, and wider adoption of technology.
