How Ipr Policies Of Telecommunication Standard Setting Organizations Can Effectively Address The Patent Ambush Problem

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How IPR Policies of Telecommunication Standard-Setting Organizations Can Effectively Address the Patent Ambush Problem?

Author : Liguo Zhang
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis How IPR Policies of Telecommunication Standard-Setting Organizations Can Effectively Address the Patent Ambush Problem? by : Liguo Zhang

Download or read book How IPR Policies of Telecommunication Standard-Setting Organizations Can Effectively Address the Patent Ambush Problem? written by Liguo Zhang and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The conflicts between intellectual property rights (IPRs) and industry common standards in telecommunication sector have raised growing concerns in the industry. These highly controversial issues at play include the embrace of proprietary technologies in standards, excessive royalties for the use of proprietary technologies, the refusal to grant licenses for the use of proprietary technologies. Many standard-setting organizations (SSOs) have adopted IPR policies in order to address these issues. However, some legal disputes concerning such IPR policies have been raised in recent years, showing that the IPR issues in standardization are far from settled. This article examines the IPR policies of three major telecommunication SSOs under the EU and U.S. law, and concludes that some flaws of these IPR policies may make them fail to address the problems that they have tended to address, and finally it will provide some ways to fix those problems. The first part of this article provides a background of the standardization of mobile telecommunication technologies and the development of IPR policies by three major telecommunication SSOs. The second examines the requirement of disclosure of essential IPRs in SSO IPR policies. The third part examines the requirement of fair, reasonable and non-discriminatory (FRAND) licensing commitments in SSO IPR policies. Part four provides the conclusion.

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.

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.

Intellectual Property Rights and Competition in Standard Setting

Author : Valerio Torti
Publisher : Routledge
ISBN 13 : 1317376641
Total Pages : 317 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 317 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.

Intellectual Property Rights

Author : Nikolaus Thumm
Publisher : Springer Science & Business Media
ISBN 13 : 3662121018
Total Pages : 169 pages
Book Rating : 4.6/5 (621 download)

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Book Synopsis Intellectual Property Rights by : Nikolaus Thumm

Download or read book Intellectual Property Rights written by Nikolaus Thumm and published by Springer Science & Business Media. This book was released on 2013-03-09 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the result of the PhD project I started four years ago at Europa-Kolleg Hamburg. I had the great opportunity to work on it for one year at the European University Institute in Florence and to finalise the oeuvre during my stay with the European Commission's Institute for Prospective Technological Studies in Seville. The subject matter of the book is intellectual property rights, patents in particular, and their process of harmonisation in Europe. At the beginning of the work, the intention was not to focus immediately on one narrow field in the huge realm of intellectual property rights but rather to open my mind in order to capture a broad variety of new ideas and concepts in the book. The work at three different institutes in three different European countries over the period of four years naturally exposed the work to diverging ideas and the exchange of views with many people. This is one reason for the wide spread of topics ordered around the given leitmotif, such as epistemological foundations, political background information,. the protection of biotechnological inventions and the building up process of intellectual property right systems in the countries of Central and Eastern Europe. In chapter two I take up Polanyi's differentiation of codifiable and tacit knowledge. Applying these concepts to my own work I realise that this book is only the visible and codified part of knowledge I was able to capture.

Research Handbook on Governance of the Internet

Author : Ian Brown
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805040
Total Pages : 513 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Research Handbook on Governance of the Internet by : Ian Brown

Download or read book Research Handbook on Governance of the Internet written by Ian Brown and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet is now a key part of everyday life across the developed world, and growing rapidly across developing countries. This Handbook provides a comprehensive overview of the latest research on Internet governance, written by the leading scholars in the field. With an international focus, it features contributions from lawyers, economists and political scientists across North America, Europe and Australia. They adopt a broad multidisciplinary perspective, taking in law, economics, political science, international relations, and communications studies. Thought-provoking chapters cover topics such as ICANN, the Internet Governance Forum, grassroots activism, innovation, human rights, privacy in social networks, and network neutrality. Being a forward-looking guide for the next decade, this Research Handbook will strongly appeal to scholars and graduate students in the social sciences studying and researching Internet governance, political scientists, economists, lawyers and computer scientists working on governance issues, as well as regulators and policymakers responsible for Internet governance in national governments and intergovernmental organisations.

Standardization under EU Competition Rules and US Antitrust Laws

Author : Björn Lundqvist
Publisher : Edward Elgar Publishing
ISBN 13 : 1781954860
Total Pages : 491 pages
Book Rating : 4.7/5 (819 download)

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Book Synopsis Standardization under EU Competition Rules and US Antitrust Laws by : Björn Lundqvist

Download or read book Standardization under EU Competition Rules and US Antitrust Laws written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2014-05-30 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called •patent warê, the book puts forward a new method for applying competition law to standards and standard-setting _ in both its collus

3D Printing, Intellectual Property and Innovation

Author : Rosa Maria Ballardini
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041183833
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis 3D Printing, Intellectual Property and Innovation by : Rosa Maria Ballardini

Download or read book 3D Printing, Intellectual Property and Innovation written by Rosa Maria Ballardini and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 3D printing (or, more correctly, additive manufacturing) is the general term for those software-driven technologies that create physical objects by successive layering of materials. Due to recent advances in the quality of objects produced and to lower processing costs, the increasing dispersion and availability of these technologies have major implications not only for manufacturers and distributors but also for users and consumers, raising unprecedented challenges for intellectual property protection and enforcement. This is the first and only book to discuss 3D printing technology from a multidisciplinary perspective that encompasses law, economics, engineering, technology, and policy. Originating in a collaborative study spearheaded by the Hanken School of Economics, the Aalto University and the University of Helsinki in Finland and engaging an international consortium of legal, design and production engineering experts, with substantial contributions from industrial partners, the book fully exposes and examines the fundamental questions related to the nexus of intellectual property law, emerging technologies, 3D printing, business innovation, and policy issues. Twenty-five legal, technical, and business experts contribute sixteen peer-reviewed chapters, each focusing on a specific area, that collectively evaluate the tensions created by 3D printing technology in the context of the global economy. The topics covered include: • current and future business models for 3D printing applications; • intellectual property rights in 3D printing; • essential patents and technical standards in additive manufacturing; • patent and bioprinting; • private use and 3D printing; • copyright licences on the user-generated content (UGC) in 3D printing; • copyright implications of 3D scanning; and • non-traditional trademark infringement in the 3D printing context. Specific industrial applications – including aeronautics, automotive industries, construction equipment, toy and jewellery making, medical devices, tissue engineering, and regenerative medicine – are all touched upon in the course of analyses. In a legal context, the central focus is on the technology’s implications for US and European intellectual property law, anchored in a comparison of relevant laws and cases in several legal systems. This work is a matchless resource for patent, copyright, and trademark attorneys and other corporate counsel, innovation economists, industrial designers and engineers, and academics and policymakers concerned with this complex topic.

Joint Research and Development under US Antitrust and EU Competition Law

Author : Björn Lundqvist
Publisher : Edward Elgar Publishing
ISBN 13 : 1784713015
Total Pages : 297 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Joint Research and Development under US Antitrust and EU Competition Law by : Björn Lundqvist

Download or read book Joint Research and Development under US Antitrust and EU Competition Law written by Björn Lundqvist and published by Edward Elgar Publishing. This book was released on 2015-04-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fascinating new book dissects, from a Competition law perspective, how Research and Development collaborations operate under both US and EU antitrust law. Analyzing the evolution of this innovation landscape from the 1970s to the present day, Blom

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 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:

Compulsory Licensing

Author : Reto M. Hilty
Publisher : Springer
ISBN 13 : 3642547044
Total Pages : 450 pages
Book Rating : 4.6/5 (425 download)

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Book Synopsis Compulsory Licensing by : Reto M. Hilty

Download or read book Compulsory Licensing written by Reto M. Hilty and published by Springer. This book was released on 2014-11-19 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the auspices of the Max Planck Institute for Intellectual Property and Competition Law (now the Max Planck Institute for Innovation and Competition). And Institutum Iurisprudentiae, Academia Sinica, a group of twenty scholars from around the world gathered to study the experiences made with regards to compulsory licensing. The results are demonstrated in this book. Different articles analyze how the international conventions on intellectual property may be interpreted and explore the related doctrinal groundwork surrounding compulsory patent licensing and beyond. It is shown how the compulsory licensing regime could be transformed into a truly workable mechanism facilitating the speedy use and dissemination of innovation and other subject matters of protection.

Mobile Telecommunications Standards

Author : Rudi Bekkers
Publisher : Artech House
ISBN 13 : 9781580532501
Total Pages : 656 pages
Book Rating : 4.5/5 (325 download)

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Book Synopsis Mobile Telecommunications Standards by : Rudi Bekkers

Download or read book Mobile Telecommunications Standards written by Rudi Bekkers and published by Artech House. This book was released on 2001 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gain a thorough understanding of the dynamics of today's mobile telecommunications standards with this unique new resource. The book examines the development and adoption trajectories of major European standards, such as UMTS, GSM, ERMES, and TETRA. It presents a framework that analyzes the factors that influenced each standard's level of success, and includes the most-comprehensive case studies on these standards.

Automotive Ethernet

Author : Kirsten Matheus
Publisher : Cambridge University Press
ISBN 13 : 1107057280
Total Pages : 237 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Automotive Ethernet by : Kirsten Matheus

Download or read book Automotive Ethernet written by Kirsten Matheus and published by Cambridge University Press. This book was released on 2015 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Learn how automotive Ethernet is revolutionizing in-car networking from the experts at the core of its development. Providing an in-depth account of automotive Ethernet, from its background and development, to its future prospects, this book is ideal for industry professionals and academics alike.

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.

Patent Failure

Author : James Bessen
Publisher : Princeton University Press
ISBN 13 : 1400828694
Total Pages : 346 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Patent Failure by : James Bessen

Download or read book Patent Failure written by James Bessen and published by Princeton University Press. This book was released on 2009-08-03 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.

Personal Data in Competition, Consumer Protection and Intellectual Property Law

Author : Mor Bakhoum
Publisher : Springer
ISBN 13 : 3662576465
Total Pages : 569 pages
Book Rating : 4.6/5 (625 download)

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Book Synopsis Personal Data in Competition, Consumer Protection and Intellectual Property Law by : Mor Bakhoum

Download or read book Personal Data in Competition, Consumer Protection and Intellectual Property Law written by Mor Bakhoum and published by Springer. This book was released on 2018-11-02 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the legal approach to personal data taken by different fields of law. An increasing number of business models in the digital economy rely on personal data as a key input. In exchange for sharing their data, online users benefit from personalized and innovative services. But companies’ collection and use of personal data raise questions about privacy and fundamental rights. Moreover, given the substantial commercial and strategic value of personal data, their accumulation, control and use may raise competition concerns and negatively affect consumers. To establish a legal framework that ensures an adequate level of protection of personal data while at the same time providing an open and level playing field for businesses to develop innovative data-based services is a challenging task.With this objective in mind and against the background of the uniform rules set by the EU General Data Protection Regulation, the contributions to this book examine the significance and legal treatment of personal data in competition law, consumer protection law, general civil law and intellectual property law. Instead of providing an isolated analysis of the different areas of law, the book focuses on both synergies and tensions between the different legal fields, exploring potential ways to develop an integrated legal approach to personal data.