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 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 Over Declaration of Standard Essential Patents and Determinants of Essentiality written by Robin Stitzing and published by . This book was released on 2018 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not all Standard Essential Patents (SEPs) are actually essential - a phenomenon called over-declaration. IPR policies of standard-setting organizations require patent holders to declare any patents as SEPs that might be essential, without further SSO review or detailed compulsory declaration information. We analyze actual essentiality of 4G cellular standard SEPs. A declaration against a specific technical specification document of the standard is a strong predictor of essentiality. We also find that citations from and to SEPs declared to the same standard predict essentiality. Our results provide policy guidance and call for recognition of over-declaration in the economics literature.
Download or read book Standard Essential Patents written by Gregor Langus and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper analyzes the e ffect of injunctions on royalty negotiations for standard essential patents. We develop a model in which courts grant injunctions only when they have su fficient evidence that the prospective licensee is unwilling, in line with the way we understand Courts to operate in Europe. In such a framework the prospective licensee has a powerful strategic tool: the o ffers that he makes to the patent holder will aff ect the royalty rate that the Court may adopt as well as the probability of being subject to injunctions (and the liability for litigation costs). We find that despite the availability of injunctions, the holder of a su fficiently weak patent will end up accepting below FRAND rates, in particular when litigation cost are high. We also find that the prospective licensee will sometimes prefer to litigate and the holder of a su ciently strong patent will always end up in litigation by rejecting o ffers below FRAND. This arises in particular when the prospective licensee has little to fear from being found unwilling, namely when the trial takes time (so that the threat of injunctions is less powerful), and when litigation costs are low. Importantly, we thus find that hold up (royalties above the fair rate) as well as reverse hold up (royalties below the fair rate) may arise in equilibrium.
Download or read book SEPs SSOs and FRAND written by Kung-Chung Liu and published by Routledge. This book was released on 2019-12-05 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
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 Intellectual Property Licensing and Transactions written by Jorge L. Contreras and published by Cambridge University Press. This book was released on 2022-06-30 with total page 951 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered. An instructor's manual for this book is currently being developed. If you are interested in receiving updates about the availability of this resource, please contact the author directly. This book 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 532 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 The Innovation Society and Intellectual Property written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2019 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity.
Download or read book Structural Power in the Global Age written by Xuewu Gu and published by Springer Nature. This book was released on 2022-10-07 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of recent global trends and crises, including the hasty withdrawal of Western troops from Afghanistan and the Russian war of aggression against Ukraine, this book sheds new light on global power shifts in multiple areas of international relations between industrialized countries and emerging powers. This book argues that “the global age” is rapidly supplanting “the modern age”, and that modernity is paving the way for globality. The events that are taking place in the 21st century can no longer be effectively described, understood or explained by the concept of modernity which originated more than 500 years ago. Further, this book challenges the academic and societal tendency to view international power-related phenomena on the basis of a dichotomy between hard and soft power. It assumes that another power source, independent of hard and soft power, does exist. Invisible, structure-manipulating, and effectively leveraged, it is precisely this “third power” that drives and shapes power phenomena in the “global age” more intensively than either hard or soft power. This book seeks to verify its core hypotheses by applying them to a set of selected global phenomena, particularly from the domains of geopolitics (Belt & Road Initiative, Iran conflict, war in Afghanistan, and competition for a new world order) and technology (Global Navigation Satellite Systems, 5G infrastructure, race for international standards, and ICT rivalry). Rather than systematically examining each of these issues, it focuses on extracting theoretical meanings from these cases to demonstrate the logic of globality and structural power, partly from global-horizontal perspectives, partly through a structural-vertical lens.
Download or read book Alternative Remedies in Standard Essential Patents Disputes written by Igor Nikolic and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The possibility to seek and obtain injunctions for the infringement of Standard Essential Patents (SEPs) is limited in both the US and the EU. The reasons for restricting the use of injunctions is due to concern of patent holdup, i.e. the possibility of SEP holder to force standard-implementers to accept onerous licensing terms, exceeding patent's true economic value, as well as seeing injunctions as incompatible with the commitment given by the patent holder that it will license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms. Limiting the use of injunctions by SEP holders may enable implementers to engage in a holdout, i.e. delaying taking a license for as long as possible, forcing the patentee to engage in expensive and protracted litigation in order to settle for below FRAND terms. Instead of focusing on injunctions, courts may use some procedural remedies in SEP disputes to restore the balance between the interests of patent holders and implementers. Courts could, at the beginning of the trial, order the defendant to make interim payments into escrow, or provide another type of security, reflecting the value of SEP holder's whole portfolio, and not just for the patents in the litigation. Once interim payments are in place, courts may separate patent and FRAND issue and try patent issues first, as such could provide parties a sense of the overall strength of the SEP portfolio. Courts may adjust the level of interim payments, after patent issues have been resolved, by setting the higher amount if most of the patents have been confirmed valid and infringed or, conversely, lower the amount if most of the patents have been found to be invalid and non-infringed. Interim payments could therefore secure the interests of SEP holders and make holdout strategy more costly, while at the same time dispense the need for injunctions and mitigate the concern about holdup.
Download or read book Research Handbook on Intellectual Property Rights and Inclusivity written by Cristiana Sappa and published by Edward Elgar Publishing. This book was released on 2024-06-05 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
Download or read book Handbook of Innovation and Standards written by Richard Hawkins and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 457 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation and standardization might seem polar opposites, but over many years various scholars have noted close connections between the two. This Handbook assembles a broad range of thinking on this subject, with contributions from several disciplinary perspectives by over 30 leading scholars and experienced practitioners. Collectively, they summarize and synthesize the existing body of knowledge – theory and evidence – pertaining to standards and innovation, and provide insights into how this knowledge can be useful to scholars, industrial strategists, policy-makers and standards practitioners.
Download or read book WIPO Magazine Issue 1 2019 February written by World Intellectual Property Organization and published by WIPO. This book was released on 2019-02-25 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The WIPO Magazine explores intellectual property, creativity and innovation in action across the world.
Download or read book Handbook of Innovation and Regulation written by Pontus Braunerhjelm and published by Edward Elgar Publishing. This book was released on 2023-12-11 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Handbook presents thoughtful analysis on how regulations can impact innovation within a number of regulatory fields and markets, and provides a greater understanding of regulatory complexity and the challenging task it presents for future research.
Download or read book Research Handbook on the Economics of Intellectual Property Law written by Ben Depoorter and published by Edward Elgar Publishing. This book was released on 2019 with total page 1504 pages. Available in PDF, EPUB and Kindle. Book excerpt: Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.
Download or read book The Law Economics and Politics of International Standardisation written by Panagiotis Delimatsis and published by Cambridge University Press. This book was released on 2015-12-11 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an era of increased reliance on private regulatory bodies and globalised economic activity, standardisation is the field where politics, technical expertise and strategic behaviour meet and interact. International standard-setting bodies exemplify the rise of transnational governance and the challenges that it brings about relating to institutional choice, legitimacy, procedural and substantive fairness or transparency. This book takes a more empirical-based approach focusing on the mechanics of international standard-setting. It constitutes a multidisciplinary inquiry into the foundations of international standard-setting, an empirically under-researched yet important area of international informal lawmaking. Contributors expertly examine the peculiarities of international standardisation in selected issue-areas and legal orders and shed light on the attributes of international standard-setters, allowing comparisons among standard-setting bodies with a view to identifying best practices and improve our understanding about standardisation processes.
