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Author : Tor Winston
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.F/5 ( download)
Download or read book Innovation and Ex Ante Consideration of Licensing Terms in Standard Setting written by Tor Winston and published by . This book was released on 2006 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tor Winston
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (255 download)
Download or read book Innovation and Ex Ante Consideration of Licensing Terms in Standard Setting written by Tor Winston and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Jurgita Randakeviciúte
Publisher : Nomos Verlag
ISBN 13 : 3845264276
Total Pages : 67 pages
Book Rating : 4.8/5 (452 download)
Download or read book The Role of Standard-Setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-Essential Patents written by Jurgita Randakeviciúte and published by Nomos Verlag. This book was released on 2015-06-26 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standardisierung ist ein wesentliches Instrument zur Förderung von Innovation und Wettbewerb, was wiederum sowohl Verbrauchern als auch Unternehmen zu Gute kommt. Doch aufgrund der Tatsache, dass die Normen in der Regel durch Standardessentielle Patente (SEP) geschützt sind, kann die Standardisierung den Zugriff auf die Technologie behindern und denjenigen den Eintritt in den Markt erschweren, die nicht Patentinhaber sind. Normungsorganisationen (SSPs) haben die Aufgabe das Gleichgewicht zwischen den Patentinhabern und den Nutzern herzustellen. Die Patentinhaber sollen von den Nutzern eines Standards Gebühren erhalten, die die Akzeptanz des Standards nicht unnötig gefährden. Recht häufig kommt es zu kostspieligen und zeitraubenden Rechtsstreitigkeiten, weil die Parteien nicht in der Lage sind, angemessene und nicht diskriminierende Lizenzbedingungen (FRAND) zu vereinbaren. Eine solche Situation behindert zwangsläufig die Umsetzung der standardisierten Technologie und führt zu der Frage, welche Funktion die SSOs während des Standardisierungsprozesses und bei der Festlegung des Standards haben.
Author : Anne Layne-Farrar
Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.:/5 (129 download)
Download or read book Preventing Patent Hold Up written by Anne Layne-Farrar and published by . This book was released on 2013 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: The quote in the title refers to a recurring principle in the Antitrust Guidelines for the Licensing of Intellectual Property, issued jointly by the US Department of Justice and the Federal Trade Commission in 1995. That report states that The Agencies' general approach in analyzing a licensing restraint under the rule of reason is to inquire whether the restraint is likely to have anticompetitive effects and, if so, whether the restraint is reasonably necessary to achieve procompetitive benefits that outweigh those anticompetitive effects. We apply this standard of evaluation to recent proposals for joint licensing negotiations in standard setting contexts, which have been offered as a solution to the problem of opportunistic licensing and patent hold up. We find that, to the contrary, joint negotiations are not reasonably necessary to prevent hold up. Instead, other more moderate policy solutions that take advantage of existing institutional features within standard setting bodies have a greater likelihood of preventing hold up without running the risk of anticompetitive licensee collusion that is present with joint negotiations. In particular, we posit that standard setting bodies should set voting rules to obtain majority support in the selection of technologies for a standard and should consider means of encouraging ex ante bilateral negotiations. In addition, competition authorities could focus on the enforcement of non-discriminatory licensing as a means of preventing anticompetitive opportunistic hold up.
Author : Francois Leveque
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book Licensing Commitments in Standard Setting Organizations written by Francois Leveque and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because standard frequently incorporate patented inventions, standard setting organizations have designed ad hoc policies whereby the owners of such "standard essential patents" must commit ex ante to license them on fair reasonable and non-discriminatory terms to manufacturers of standard-compliant products. However, these commitments may not be sufficient to prevent patent hold-up in practice. In this paper, we develop a simple model to analyze the effect of ineffective FRAND commitments, and compare them with binding commitments on a royalty level or a royalty cap. We show that the cap is systematically preferred by the licensor, while it has ambiguous effects on consumers depending on the licensorņs preferred alternative strategy.
Author : Valerio Torti
Publisher : Routledge
ISBN 13 : 1317376641
Total Pages : 317 pages
Book Rating : 4.3/5 (173 download)
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.
Author : Jerome Rosenstock
Publisher : Aspen Publishers Online
ISBN 13 : 1454827114
Total Pages : 6754 pages
Book Rating : 4.4/5 (548 download)
Download or read book The Law of Chemical and Pharmaceutical Invention written by Jerome Rosenstock and published by Aspen Publishers Online. This book was released on 2012 with total page 6754 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : United States. Department of Justice
Publisher : DIANE Publishing
ISBN 13 : 9781422320198
Total Pages : 216 pages
Book Rating : 4.3/5 (21 download)
Download or read book Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition written by United States. Department of Justice and published by DIANE Publishing. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dr. Tiancheng Jiang
Publisher : Maklu
ISBN 13 : 9046607623
Total Pages : 357 pages
Book Rating : 4.0/5 (466 download)
Download or read book China and EU Antitrust Review of Refusal to License IPR written by Dr. Tiancheng Jiang and published by Maklu. This book was released on 2015 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: Striking a proper balance between unilateral exercise of intellectual property rights on the one hand and competition rules on the other hand is not an easy exercise. The right owners’ unilateral behaviour of refusal to license is one such delicate issue, particularly for China, considering that it has not been clarif ied within existing competition rules how to assess a right owner’s specif ic unilateral practices. In a series of cases, the EU courts have established the exceptional circumstances in which the right owners’ refusal conduct might be considered as an infringement of EU competition rules. In general, Chinese competition law has been modelled after the EU competition rules. This book firstly examines the EU approaches on dominant undertakings’ refusal to license intellectual property rights and the follow-on pricing issue, and then explores to what extent the EU model could contribute to China’s anti-monopoly practice.
Author : F. Scott Kieff
Publisher : Cambridge University Press
ISBN 13 : 113950455X
Total Pages : 597 pages
Book Rating : 4.1/5 (395 download)
Download or read book Perspectives on Commercializing Innovation written by F. Scott Kieff and published by Cambridge University Press. This book was released on 2011-11-21 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property is a vital part of the global economy, accounting for about half of the GDP in countries like the United States. Innovation, competition, economic growth and jobs can all be helped or hurt by different approaches to this key asset class, where seemingly slight changes in the rules of the game can have remarkable impact. This book brings together diverse perspectives from the fields of law, economics, business and political science to explore the ways varying approaches to intellectual property can positively and negatively impact our economy and society. Employing approaches that are both theoretically rigorous and grounded in the real world, Perspectives on Commercializing Innovation is well suited for practising lawyers, managers, lawmakers and analysts, as well as academics conducting research or teaching in a range of courses in law schools, business schools and economics departments, at either the undergraduate or graduate level.
Author : Claus-Dieter Ehlermann
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314678
Total Pages : 882 pages
Book Rating : 4.8/5 (473 download)
Download or read book European Competition Law Annual 2007 written by Claus-Dieter Ehlermann and published by Bloomsbury Publishing. This book was released on 2008-11-28 with total page 882 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the twelfth in a series on EU Competition Law and Policy produced by the Robert Schuman Centre of the European University Institute in Florence. The volume reproduces the written contributions and transcripts in connection with a roundtable debate which examined the EU's enforcement policy as regards the abuse of a dominant position under Article 82 EC. The workshop participants included: senior enforcement officials and policy makers from the European Commission, from the national competition authorities of certain EU Member States and from the US Department of Justice and Federal Trade Commission; and renowned international academics, legal practitioners and professional economists. In an intense, intimate environment, this group of experts debated a number of legal and economic issues structured according to three broad lines of discussion: 1) comparisons of the concept of monopolization under Section 2 of the Sherman Act with that of abuse of dominance under Article 82 EC; 2) a reformed approach to exclusionary unilateral conduct; and 3) exploitative unilateral conduct and related remedies.
Author : Jeffrey L. Kessler
Publisher :
ISBN 13 :
Total Pages : 1164 pages
Book Rating : 4.F/5 ( download)
Download or read book International Trade and U.S. Antitrust Law written by Jeffrey L. Kessler and published by . This book was released on 2006 with total page 1164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. ed of : International trade and U.S. antitrust law / by Spencer Weber Waller. 1992-2005.
Author : Battersby, Grimes
Publisher : Wolters Kluwer
ISBN 13 : 1454899778
Total Pages : 502 pages
Book Rating : 4.4/5 (548 download)
Download or read book Licensing Update 2018 Edition written by Battersby, Grimes and published by Wolters Kluwer. This book was released on 2018-04-20 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: p>Licensing Update 2018 is the definitive one-volume handbook covering the year's most significant cases and developments in licensing. It identifies critical trends that licensing professionals and practitioners must understand thoroughly in this rapidly evolving area. Up-to-date, incisive, analytical, and essential, this valuable manual helps you keep up with the explosive pace of licensing with guidance from licensing experts in their area of specialty. You'll find in-depth insights and valuable analysis on recent developments and important trends of licensing issues from leading practitioners who are experts in their field. Licensing Update 2018 is organized as a handy "quick reference" to help you save time in structuring stronger agreements to protect your licensing interest. You'll get extensive coverage of developments in audit and accounting practices, tax considerations, antitrust concerns and many of the bottom-line issues that you need to address to ensure day-to-day profitability of your license agreements. Previous Edition: Licensing Update 2017, ISBN 9781454886211
Author : Marc Baudry
Publisher : John Wiley & Sons
ISBN 13 : 111947373X
Total Pages : 148 pages
Book Rating : 4.1/5 (194 download)
Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-10-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is criticized today by some practitioners and economists. In fact, there is a partial disconnection between patent demographics and productivity gains, but also the development of actors who do not innovate and who develop business models that their detractors equate with a capture of annuities or a dangerous commodification of patents. This book provides a less Manichaean view of the position of patents in the system of contemporary innovation. It first recalls that these criticisms are not new, before arguing that if these criticisms have been revived, it is because of a partial shift from an integrated innovation system to a much more fragmented and open system. This shift accompanied the promotion of a more competitive economy. The authors show that this movement is coherent with a more intensive use of patents, but also one that is more focused on their signal function than on their function of direct monetary incentive to innovation.
Author : United States. Federal Trade Commission
Publisher : DIANE Publishing
ISBN 13 : 1428952748
Total Pages : 315 pages
Book Rating : 4.4/5 (289 download)
Download or read book To Promote Innovation written by United States. Federal Trade Commission and published by DIANE Publishing. This book was released on 2003 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: Innovation benefits consumers through the development of new and improved goods, services, and processes. Competition and patents stand out among the federal policies that influence innovation. Both competition and patent policy can foster innovation, but each requires a proper balance with the other to do so. This report by the Federal Trade Commission discusses and makes recommendations for the patent system to maintain a proper balance with competition law and policy.
Author : Alexander Raskovich
Publisher :
ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.F/5 ( download)
Download or read book Ordered Bargaining written by Alexander Raskovich and published by . This book was released on 2006 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Geoffrey A. Manne
Publisher : Cambridge University Press
ISBN 13 : 1139498533
Total Pages : 559 pages
Book Rating : 4.1/5 (394 download)
Download or read book Competition Policy and Patent Law under Uncertainty written by Geoffrey A. Manne and published by Cambridge University Press. This book was released on 2011-06-13 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any legal regime must attempt to assess the trade-offs associated with rules that will affect incentives to innovate, allocative efficiency, competition, and freedom of economic actors to commercialize the fruits of their innovative labors. The essays in this book approach this critical set of problems from an economic perspective.
