Assessing Ipr Disclosure Within Standard Setting

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Assessing IPR Disclosure Within Standard Setting

Author : Anne Layne-Farrar
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Assessing IPR Disclosure Within Standard Setting by : Anne Layne-Farrar

Download or read book Assessing IPR Disclosure Within Standard Setting written by Anne Layne-Farrar and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: As part of its “policy project to examine the legal and policy issues surrounding the problem of potential patent 'hold-up' when patented technologies are included in collaborative standards”, the Federal Trade Commission held an all-day workshop on June 21, 2011. The first panel of the day focused on patent disclosure rules intended to encourage full knowledge of patents “essential” for a standard and therefore to prevent patent ambush. When patents are disclosed after a standard is defined, the patent holder may have enhanced bargaining power that it can exploit to charge excessive royalties (e.g., greater than the value the patented technology contributes to the product complying with the standard). In this paper, I present a case study on patent disclosure within the ICT sector. Specifically, I take an empirical look at the timing of patent disclosures within the European Telecommunications Standards Institute, the body responsible for some of the world's most prevalent mobile telephony standards. I find that most members officially disclose their potentially relevant patents after the standard was published, and sometimes considerably so. On the other hand, I also find that the delay in declaring patents to ETSI standards has been shrinking over time, with disclosures occurring closer to (although for the most part still after) the standard publication date for more recent standard generations as compared to earlier ones. This latter finding coincides with ETSI policy changes, suggesting that standards bodies may be able improve patent disclosure with more precise rules.

Disclosure Rules and Declared Essential Patents

Author : Rudi Bekkers
Publisher :
ISBN 13 :
Total Pages : 69 pages
Book Rating : 4.:/5 (998 download)

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Book Synopsis Disclosure Rules and Declared Essential Patents by : Rudi Bekkers

Download or read book Disclosure Rules and Declared Essential Patents written by Rudi Bekkers and published by . This book was released on 2017 with total page 69 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many standard setting organizations (SSOs) require participants to disclose patents that might be infringed by implementing a proposed standard, and commit to license their "essential" patents on terms that are at least fair, reasonable and non-discriminatory (FRAND). Data from these SSO intellectual property disclosures have been used in academic studies to provide a window into the standard setting process, and in legal proceedings to assess parties’ relative contributions to a standard. We develop a simple model of the disclosure process to illustrate the link between SSO rules and patent-holder incentives, and examine some of the model’s predictions using a novel dataset constructed from the disclosure archives of thirteen major SSOs. The central message of the paper is that subtle differences in the rules used by different SSOs can influence which patents are disclosed, the terms of licensing commitments, and ultimately long-run citation and litigation rates for the underlying patents.

Patent Challenges for Standard-Setting in the Global Economy

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309293154
Total Pages : 181 pages
Book Rating : 4.3/5 (92 download)

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Book Synopsis Patent Challenges for Standard-Setting in the Global Economy by : National Research Council

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.

Standard-Setting Organisations’ IPR Policies

Author : Manveen Singh
Publisher : Springer Nature
ISBN 13 : 9811926239
Total Pages : 227 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Standard-Setting Organisations’ IPR Policies by : Manveen Singh

Download or read book Standard-Setting Organisations’ IPR Policies written by Manveen Singh and published by Springer Nature. This book was released on 2022-07-19 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a unique insight into the world of standard-setting organizations (SSOs)’ IPR policies and the role they play in balancing the interests of innovators and implementers, vis-à-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary jurisdictions, offers a comprehensive analysis of the disclosure and licensing obligations under SSO IPR policies, with strong theoretical foundations justifying their imposition. More specifically, it offers a bird’s eye view of the various facets of disclosure and licensing, ranging from non-disclosure and transparency on one hand, to the determination of FRAND on the other. While much has been said about the benefits arising out of collaborative standard-setting, disputes involving SEP licensing have not been limited to the courts, and have attracted a significant amount of scrutiny by competition/antitrust agencies. The Book provides an elaborate account of the anti-competitive concerns surrounding standard-setting, and further documents the role of courts and competition agencies in ensuring good faith licensing negotiations between the SEP holders and implementers. Despite largely focusing on SEP licensing disputes in the USA and EU, the Book also offers a dedicated chapter on standard-setting in the Indian context. The readers are presented with an in-depth discussion on the contrasting approaches adopted by the courts and the Competition Commission of India (CCI), in addressing disputes involving SEPs. The said discussion is supplemented by a careful analysis of the SEP licensing guidelines to have emerged out of other implementer-oriented economies like China and Japan. By doing so, the Book offers readers the opportunity to study and compare the SEP licensing framework in developed, as well as developing economies. SSO IPR policies play an integral role in the development of standards, and with technologies such as the Internet of Things and 5G knocking on the doors, the Book makes for a valuable study on the nuances of standard-setting through the lens of SSOs, and will find takers among a wide reader base of students, researchers, academics, law practitioners, corporates, and policy makers.

Intellectual Property Rights and Competition in Standard Setting

Author : Valerio Torti
Publisher : Routledge
ISBN 13 : 131737665X
Total Pages : 277 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Intellectual Property Rights and Competition in Standard Setting by : Valerio Torti

Download or read book Intellectual Property Rights and Competition in Standard Setting written by Valerio Torti and published by Routledge. This book was released on 2015-10-05 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms. This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

Patents and Standards

Author : Michael Drapkin (Lawyer)
Publisher :
ISBN 13 : 9781682673348
Total Pages : 0 pages
Book Rating : 4.6/5 (733 download)

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Book Synopsis Patents and Standards by : Michael Drapkin (Lawyer)

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."--

Complications and Quandaries in the ICT Sector

Author : Ashish Bharadwaj
Publisher : Springer
ISBN 13 : 9811060118
Total Pages : 218 pages
Book Rating : 4.8/5 (11 download)

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Book Synopsis Complications and Quandaries in the ICT Sector by : Ashish Bharadwaj

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.

Intellectual Property Enforcement Guidelines

Author : Canada. Competition Bureau
Publisher : Canadian Government Publishing
ISBN 13 : 9780662652243
Total Pages : 58 pages
Book Rating : 4.6/5 (522 download)

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Book Synopsis Intellectual Property Enforcement Guidelines by : Canada. Competition Bureau

Download or read book Intellectual Property Enforcement Guidelines written by Canada. Competition Bureau and published by Canadian Government Publishing. This book was released on 2000 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Cambridge Handbook of Technical Standardization Law

Author : Jorge L. Contreras
Publisher : Cambridge University Press
ISBN 13 : 1108547303
Total Pages : 1194 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Cambridge Handbook of Technical Standardization Law by : Jorge L. Contreras

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.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

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.

The Cambridge Handbook of Technical Standardization Law

Author : Jorge L. Contreras
Publisher : Cambridge University Press
ISBN 13 : 1108548407
Total Pages : 532 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis The Cambridge Handbook of Technical Standardization Law by : Jorge L. Contreras

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.

Handbook of Innovation and Standards

Author : Richard Hawkins
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470089
Total Pages : 457 pages
Book Rating : 4.7/5 (834 download)

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Book Synopsis Handbook of Innovation and Standards by : Richard Hawkins

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.

Multi-dimensional Approaches Towards New Technology

Author : Ashish Bharadwaj
Publisher : Springer
ISBN 13 : 981131232X
Total Pages : 350 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Multi-dimensional Approaches Towards New Technology by : Ashish Bharadwaj

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.

Modern Trends Surrounding Information Technology Standards and Standardization within Organizations

Author : Jakobs, Kai
Publisher : IGI Global
ISBN 13 : 1466663332
Total Pages : 361 pages
Book Rating : 4.4/5 (666 download)

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Book Synopsis Modern Trends Surrounding Information Technology Standards and Standardization within Organizations by : Jakobs, Kai

Download or read book Modern Trends Surrounding Information Technology Standards and Standardization within Organizations written by Jakobs, Kai and published by IGI Global. This book was released on 2014-07-31 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In fields as diverse as research and development, governance, and international trade, success depends on effective communication. However, limited research exists on how professionals can express themselves consistently across disciplines. Modern Trends Surrounding Information Technology Standards and Standardization within Organizations showcases the far-ranging economic and societal ramifications incited by technical standardization between individuals, organizations, disciplines, and nations. This publication serves as a valuable model for inter-disciplinary scholars, IT researchers, and professionals interested in the link between technology and social change in an increasingly networked and interconnected global society.

A Patent System for the 21st Century

Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309089107
Total Pages : 186 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis A Patent System for the 21st Century by : National Research Council

Download or read book A Patent System for the 21st Century written by National Research Council and published by National Academies Press. This book was released on 2004-10-01 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. patent system is in an accelerating race with human ingenuity and investments in innovation. In many respects the system has responded with admirable flexibility, but the strain of continual technological change and the greater importance ascribed to patents in a knowledge economy are exposing weaknesses including questionable patent quality, rising transaction costs, impediments to the dissemination of information through patents, and international inconsistencies. A panel including a mix of legal expertise, economists, technologists, and university and corporate officials recommends significant changes in the way the patent system operates. A Patent System for the 21st Century urges creation of a mechanism for post-grant challenges to newly issued patents, reinvigoration of the non-obviousness standard to quality for a patent, strengthening of the U.S. Patent and Trademark Office, simplified and less costly litigation, harmonization of the U.S., European, and Japanese examination process, and protection of some research from patent infringement liability.

Understanding the Federal Reserve's Proposed Rule on Interchange Fees

Author : United States. Congress. House. Committee on Financial Services. Subcommittee on Financial Institutions and Consumer Credit
Publisher :
ISBN 13 :
Total Pages : 380 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Understanding the Federal Reserve's Proposed Rule on Interchange Fees by : United States. Congress. House. Committee on Financial Services. Subcommittee on Financial Institutions and Consumer Credit

Download or read book Understanding the Federal Reserve's Proposed Rule on Interchange Fees written by United States. Congress. House. Committee on Financial Services. Subcommittee on Financial Institutions and Consumer Credit and published by . This book was released on 2011 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:

WIPO Guide to Using Patent Information

Author : World Intellectual Property Organization
Publisher : WIPO
ISBN 13 : 9280526510
Total Pages : 44 pages
Book Rating : 4.2/5 (85 download)

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Book Synopsis WIPO Guide to Using Patent Information by : World Intellectual Property Organization

Download or read book WIPO Guide to Using Patent Information written by World Intellectual Property Organization and published by WIPO. This book was released on 2018-04-30 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Guide aims to assist users in searching for technology information using patent documents, a rich source of technical, legal and business information presented in a generally standardized format and often not reproduced anywhere else. Though the Guide focuses on patent information, many of the search techniques described here can also be applied in searching other non-patent sources of technology information.