Intellectual Property Rights and Competition in Standard Setting

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Author :
Publisher : Routledge
ISBN 13 : 131737665X
Total Pages : 252 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 252 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 and Competition in Standard Setting

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Author :
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.

Complications and Quandaries in the ICT Sector

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Author :
Publisher : Springer
ISBN 13 : 9811060118
Total Pages : 200 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 200 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.

Multi-dimensional Approaches Towards New Technology

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Author :
Publisher : Springer
ISBN 13 : 981131232X
Total Pages : 337 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 337 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.

IP and Antitrust

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Author :
Publisher : Aspen Publishers
ISBN 13 : 9780735575486
Total Pages : 2096 pages
Book Rating : 4.5/5 (754 download)

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Book Synopsis IP and Antitrust by : Herbert Hovenkamp

Download or read book IP and Antitrust written by Herbert Hovenkamp and published by Aspen Publishers. This book was released on 2009-12-18 with total page 2096 pages. Available in PDF, EPUB and Kindle. Book excerpt: The leading reference that focuses on the intersection of the areas of IP and antitrust enables you to factor antitrust considerations into the drafting and review of intellectual property licensing arrangements, maximizing the commercial value of intellectual property rights, and minimizing antitrust risks. IP and Antitrust: An Analysis of Antitrust Principles Applied to Intellectual Property Law, Second Edition is a two-volume reference that focuses on the intersection of the areas of IP and antitrust. While intellectual property licensing arrangements are typically pro-competitive, antitrust concerns may nonetheless arise. Licensing arrangements raise concerns under the antitrust laws if they are likely to adversely affect the prices, quantities, qualities or varieties of goods and services -- either currently or potentially available. The Justice Department's rekindled interest in intellectual property licensing arrangements now requires that companies factor antitrust considerations into the drafting and review of intellectual property licensing arrangements. Thus, licensing agreements involving intellectual property must now be drafted with two considerations in mind: maximizing the commercial value of intellectual property rights, and minimizing antitrust risks IP and Antitrust is the first comprehensive resource that fully examines intellectual property from an antitrust perspective, to help you steer clear of unexpected problems. It provides a sophisticated discussion of intellectual property law not currently available in the antitrust treatises on the market today, including Areeda and Hovenkamp's Antitrust Law treatise.

Standard-Setting Organisations’ IPR Policies

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Author :
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.

IP and Antitrust

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041160434
Total Pages : 500 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis IP and Antitrust by : Nuno Pires de Carvalho

Download or read book IP and Antitrust written by Nuno Pires de Carvalho and published by Kluwer Law International B.V.. This book was released on 2015-04-14 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consumers can make choices because of the differentiation that is preserved by intellectual property. Competition law informs intellectual property, generally with the intent of ensuring that it achieves this main purpose. However, very often, certain public policies relating to competition interfere with the way intellectual property should normally operate, either with the purpose of reinforcing its differentiating role, or with the objective of submitting it to other public goals – such as access to essential goods and services, or in recognition of situations where a given invention becomes part of a technical standard or is deemed dangerous to health or the environment. This book presents eighty cases that interpret the various public policies that mould the interface of intellectual property law with competition law (or antitrust). Although most cases are from the United States - which has developed an enormously wide wealth of jurisprudence in this area - there are also cases from the European Union, the United Kingdom, Australia, Canada, South Africa, Brazil, South Korea, India, and Argentina. The author presents the cases under the following general headings: • setting the right dosage (i.e., avoiding too much or too little intellectual property); • setting the standards of differentiation; • refusing to license intellectual property; • licensing (and assigning) intellectual property; • enforcing intellectual property rights; • remedies; • intellectual property in sectors of special public interest; and • technical standards. Revealing in extraordinary depth the tensions behind the values of the free market which intellectual property serves and the variety of responses these tensions provoke, this book may be regarded as a watershed resource regarding the principles and policies that, sometimes coherently, sometimes not, preside over the very complex relationship between intellectual property and antitrust. It is sure to be greatly valued by all professionals in both fields, from practitioners to policymakers, as well as by academics.

Standardization under EU Competition Rules and US Antitrust Laws

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781954860
Total Pages : 480 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 480 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

Intellectual Property and Competition Law

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Author :
Publisher : OUP Oxford
ISBN 13 : 9780199589951
Total Pages : 0 pages
Book Rating : 4.5/5 (899 download)

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Book Synopsis Intellectual Property and Competition Law by : Steven Anderman

Download or read book Intellectual Property and Competition Law written by Steven Anderman and published by OUP Oxford. This book was released on 2011-02-10 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the relationship between intellectual property and competition law with a particular focus on European law, this book highlights areas emerging new frontiers.

Patent Challenges for Standard-Setting in the Global Economy

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Author :
Publisher : National Academies Press
ISBN 13 : 0309293154
Total Pages : 176 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 176 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.

The Role of Standard-setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-essential Patents

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Author :
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848723287
Total Pages : 0 pages
Book Rating : 4.7/5 (232 download)

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Book Synopsis The Role of Standard-setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-essential Patents by : Jurgita Randakevičiūtė

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 Randakevičiūtė and published by Nomos Verlagsgesellschaft. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Standard-setting is an essential tool for promoting innovation, competition and resulting in benefits to consumers and businesses. However, due to the fact, that standards are usually protected by standard-essential patents (SEPs), standard-setting may obstruct the access to the standardized technology and create entry barriers into the market for those, who do not own SEPs. The afore-described events cause tension between the owners and the users of SEPs. In order to keep the balance between the afore-specified parties, standard-setting organizations (SSPs) come into play by requiring SEPs owners to license these patents on fair, reasonable and non-discriminatory (FRAND) terms. Nevertheless, the latter attempt quite often results in costly and time-consuming litigation, because the parties are not able to agree what kind of terms are FRAND. Such situation inevitably impedes the implementation of the standardized technology into industries and calls for a re-consideration of the role of SSOs during the process of standardization and after the standard is set. In this work, the possible role of SSOs while improving the access for the users to the standardized technology will be discussed.

Essential Interoperability Standards

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1108843018
Total Pages : 427 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Essential Interoperability Standards by : Simon Brinsmead

Download or read book Essential Interoperability Standards written by Simon Brinsmead and published by Cambridge University Press. This book was released on 2021-08-12 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposes a new expert-led international instrument to address access to essential technical standards.

Competition Policy and Intellectual Property in Today's Global Economy

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107194369
Total Pages : 925 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Competition Policy and Intellectual Property in Today's Global Economy by : Robert D. Anderson

Download or read book Competition Policy and Intellectual Property in Today's Global Economy written by Robert D. Anderson and published by Cambridge University Press. This book was released on 2021-08-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fast-evolving relationship between the promotion of welfare-enhancing competition and the balanced protection of intellectual property (IP) rights has attracted the attention of policymakers, analysts and scholars. This interest is inevitable in an environment that lays ever greater emphasis on the management of knowledge and innovation and on mechanisms to ensure that the public derives the expected social and economic benefits from this innovation and the spread of knowledge. This book looks at the positive linkage between IP and competition in jurisdictions around the world, surveying developments and policy issues from an international and comparative perspective. It includes analysis of key doctrinal and policy issues by leading academics and practitioners from around the globe and a cutting-edge survey of related developments across both developed and developing economies. It also situates current policy developments at the national level in the context of multilateral developments, at WIPO, WTO and elsewhere.

Raising the Standard?

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Author :
Publisher :
ISBN 13 : 9781874001799
Total Pages : 28 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis Raising the Standard? by :

Download or read book Raising the Standard? written by and published by . This book was released on 2000 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Handbook on the Antitrust Aspects of Standards Setting

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Author :
Publisher : American Bar Association
ISBN 13 : 9781590314128
Total Pages : 206 pages
Book Rating : 4.3/5 (141 download)

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Book Synopsis Handbook on the Antitrust Aspects of Standards Setting by :

Download or read book Handbook on the Antitrust Aspects of Standards Setting written by and published by American Bar Association. This book was released on 2004 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook is particularly important because of the increasingly critical role standards play in our economy. Within the broad scope of this Handbook are quality standards, informational standards, uniformity standards, interoperability standards and non-products standards such as professional conduct standards. These standards promote innovation, productive efficiency, and market structure. The Handbook describes how the antitrust laws balance these procompetitive effects against the potential mususe of standards, and the sandard-setting process, to create barriers to entry, retard innovation, raise rivals' cists, facilitate collusion, and protect market position. The Handbook also recognizes the increasing role played by governments - federal, state and interantional - in the promulgation of standards, and how that impacts the application of the antitrust laws. Finally, the Handbook addresses the remedies available to redress the effects of standards-related activity found to be unlawful.

Patents and Industry Standards

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1849805482
Total Pages : 253 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis Patents and Industry Standards by : Jae Hun Park

Download or read book Patents and Industry Standards written by Jae Hun Park and published by Edward Elgar Publishing. This book was released on 2010-01-01 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area. From the foreword by Paul L.C. Torremans, University of Nottingham, UK This insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation. Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a dynamic liability rule regime , rather than property rules . The dynamic liability rule regime adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem. This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.

The Role of Standard-Setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-Essential Patents

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Author :
Publisher : Nomos Verlag
ISBN 13 : 3845264276
Total Pages : 67 pages
Book Rating : 4.8/5 (452 download)

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Book Synopsis The Role of Standard-Setting Organizations with Regard to Balancing the Rights Between the Owners and the Users of Standard-Essential Patents by : Jurgita Randakeviciúte

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.