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Author : Joshua D. Wright
Publisher :
ISBN 13 :
Total Pages : 33 pages
Book Rating : 4.:/5 (859 download)
Download or read book SSOs, FRAND, and Antitrust written by Joshua D. Wright and published by . This book was released on 2013 with total page 33 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Herbert Hovenkamp
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book FRAND and Antitrust written by Herbert Hovenkamp and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper considers when a patentee's violation of a FRAND commitment also violates the antitrust laws. It warns against two extremes. First is thinking that any violation of a FRAND obligation is an antitrust violation as well. FRAND obligations are contractual, and most breaches of contract do not violate antitrust law. The other extreme is thinking that, because a FRAND violation is a breach of contract, it cannot also be an antitrust violation.As the Supreme Court has made clear many times, every antitrust case must consider the market environment in which conduct is evaluated. SSOs operated by multiple firms are joint ventures. Antitrust's role is to evaluate how challenged restraints operate within the venture and condemn unreasonably anticompetitive practices. The district court and Ninth Circuit's approaches in the Qualcomm litigation illustrate one court that did that and one that did not. The Ninth Circuit also held that conduct should be tested by its harm to rivals, not to consumers. That conclusion conflicts with decades of antitrust jurisprudence. Section 1 of the Sherman Act requires an agreement that threatens to reduce market output, thereby raising prices. For exclusionary practices the immediate target of anticompetitive conduct is rivals, but the ultimate harm is suffered by consumers. The antitrust issue of unilateral refusals to deal is too often confused with the essential facility doctrine. The essential facility doctrine is based on the idea that some assets are so essential to commerce that the owner has a duty to share them. By contrast, the refusal to deal rule is rooted in a specific prior contractual obligation, reliance and path dependence, and subsequent repudiation. Many joint ventures involve a significant sunk investment in assets that are dedicated to the venture. If one firm can later extract itself and commandeer the relevant technology, it can leave the remaining firms at a significant competitive disadvantage, with the effect of transferring market share, reducing output, raising prices, and ultimately undermining the competitive promise of such ventures. While the essential facility doctrine is conducive to competitor passivity, the Aspen refusal to deal rule facilitates competitor investment. The debate over “holdup” or “holdout” in standard setting organizations has occasional antitrust relevance. Holdout occurs when implementers conspire to exclude patentees or suppress royalties. But the structure and membership of the SSOs that employ FRAND make that explanation highly unlikely. Standard essential patents are largely self-declared and significantly over declared, so the holdout story posits victims flocking to a cartel rather than seeking to avoid it. In addition, “holdout” hypothesizes agreements to force patentees to accept infra-market royalties, but FRAND royalties are determined post-commitment by independent tribunals, and there is no evidence of systematic undercompensation.Finally, entitlement to an injunction on a FRAND-encumbered patent depends on two factors. First, the plaintiff must show its own “clean hands,” which is undermined by its violation of FRAND agreements or the antitrust laws. Second, entitlement to an injunction is limited by the patentee's own contractual commitment to license out a patent to one who is willing to pay a FRAND royalty.
Author : Kung-Chung Liu
Publisher : Routledge
ISBN 13 : 1000760073
Total Pages : 339 pages
Book Rating : 4.0/5 (7 download)
Download or read book SEPs, SSOs and FRAND written by Kung-Chung Liu and published by Routledge. This book was released on 2019-12-05 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
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 : Ashish Bharadwaj
Publisher : Springer
ISBN 13 : 9811060118
Total Pages : 218 pages
Book Rating : 4.8/5 (11 download)
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.
Author : Enrico Adriano Raffaelli
Publisher : Bruylant
ISBN 13 : 2802764918
Total Pages : 385 pages
Book Rating : 4.8/5 (27 download)
Download or read book Antitrust between EU Law and national law/Antitrust fra diritto nazionalee diritto dell'unione europea written by Enrico Adriano Raffaelli and published by Bruylant. This book was released on 2019-09-09 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work contains the papers of the thirteenth Conference on “Antitrust between EU Law and national law”, held in Treviso on May 24 and 25, 2018 under the patronage of the European Lawyers Union – Union des Avocats Européens (UAE), the Associazione Italiana per la Tutela della Concorrenza - the Italian section of the Ligue Internationale du Droit de la Concurrence (LIDC)-, the Associazione Italiana Giuristi di Impresa (AIGI), the European Company Lawyers Association (ECLA), and the Associazione Antitrust Italiana (AAI). Some of the papers have been extensively reviewed and updated by the authors prior to publication. The contributions contained in this volume are the result of an in-depth analysis and study of the most salient issues arising from the application of antitrust rules, carried out by experienced and high-ranking professionals, in-house lawyers, academics and EU/national and international institutional representatives who attended the Conference. They deal with extremely topical issues, lying at the heart of current antitrust debate. Some of the most contemporary topics include those related to private antitrust enforcement after the implementation of Directive 2014/104/EU, and to the interplay between antitrust and intellectual property rights. Ample consideration is also given to recent developments in the field of new technologies and the related antitrust issues, as well as to the relations between consumer protection and antitrust. * * * Questo volume contiene gli atti del XIII Convegno sul tema “Antitrust fra Diritto Nazionale e Diritto dell’Unione Europea”, tenutosi a Treviso il 24 e 25 maggio 2018 con il patrocinio dell’Unione degli Avvocati Europei (UAE), dell’Associazione Italiana per la Tutela della Concorrenza - sezione italiana della Ligue Internationale du Droit de la Concurrence (LIDC) -, dell’Associazione Italiana dei Giuristi di Impresa (AIGI), della European Company Lawyers Association (AEJE-ECLA) e dell’Associazione Antitrust Italiana (AAI). Alcuni contributi sono stati sostanzialmente rivisti ed aggiornati dagli autori prima della pubblicazione. Gli articoli contenuti nel presente volume sono il frutto del prezioso lavoro di studio e approfondimento delle più interessanti tematiche correlate all’applicazione del diritto antitrust, svolto da qualificati esponenti del mondo professionale, imprenditoriale, accademico ed istituzionale, intervenuti al Convegno. I contributi pubblicati affrontano temi di estrema rilevanza, che rappr sentano il cuore delle problematiche antitrust oggi maggiormente dibattute, tra le quali spiccano, per attualità, quelle connesse al private enforcement ed al risarcimento dei danni in seguito dell’attuazione della Direttiva 2014/104/UE, nonché alle interazioni tra diritto antitrust e diritti di proprietà intellettuale. Ampio spazio è inoltre dedicato alle tematiche concernenti le nuove tecnologie e la loro rilevanza dal punto di vista antitrust, nonché ai rapporti tra tutela del consumatore e diritto antitrust.
Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309293154
Total Pages : 181 pages
Book Rating : 4.3/5 (92 download)
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.
Author : Elyse Dorsey
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)
Download or read book How the Google Consent Order Alters the Process and Outcomes of Frand Bargaining written by Elyse Dorsey and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Federal Trade Commission (“FTC”) recently closed its investigation of Google, following a thorough analysis of numerous aspects of Google's business conduct. The Proposed Consent Order into which the FTC and Google tentatively entered has garnered significant attention from the antitrust and intellectual property communities for a number of reasons. One important reason is that the Proposed Consent Order places serious limits upon Google's ability to seek injunctive relief for its patents that are considered “standard-essential” and that are subject to fair, reasonable, and nondiscriminatory (“FRAND”) commitments. This limitation reflects the emerging tendency of competition agencies to consider the threat or pursuit of injunctive relief a serious competitive concern when the patent at issue is standard essential and the patent holder previously agreed to license that patent on FRAND terms. Indeed, the issue of whether, and if so, under what circumstances, standard essential patent (“SEP”) holders should be allowed to seek, and courts should grant, injunctive relief in cases involving FRAND bargaining has been the topic of considerable debate amongst intellectual property and antitrust scholars, as well. With the closing of its Google investigation, the FTC has joined the United States Department of Justice (“DOJ”) in issuing official statements indicating that owners of SEPs who have agreed to bargain on FRAND terms may be subject to investigations and penalties simply for seeking an injunction against a member of the standard setting organization (“SSO”). This new approach portends a significant shift in the way FRAND negotiations are conducted and in the outcomes they produce. The goal of this Essay is to raise some concerns regarding this issue, and, in particular, to focus upon the potential consumer welfare effects of essentially removing the possibility of injunctive relief for FRAND-encumbered SEPs. Part I of this Essay describes SSOs and FRAND bargaining, highlighting the potential competitive benefits and pitfalls -- most notably, patent holdup -- associated with them. Part II articulates the developing approaches the FTC and DOJ have taken toward the possibility of injunctive relief for SEP holders subject to FRAND commitments, noting both how these approaches have evolved over the last few years and the most recent official decisions by each agency. Part III then analyzes the desirability of these approaches; it examines the limited available evidence regarding the extent of patent holdup in FRAND negotiations, how the agencies' latest approach seemingly departs from the traditional patent law approach to remedies, and how the unintended consequences of disallowing injunctive relief in these cases may negatively affect consumer welfare. Part IV concludes.
Author : Tuire Anniina Väisänen
Publisher : Nomos Verlagsgesellschaft Mbh & Company
ISBN 13 : 9783832958374
Total Pages : 81 pages
Book Rating : 4.9/5 (583 download)
Download or read book Enforcement of FRAND Commitments Under Article 102 TFEU written by Tuire Anniina Väisänen and published by Nomos Verlagsgesellschaft Mbh & Company. This book was released on 2011 with total page 81 pages. Available in PDF, EPUB and Kindle. Book excerpt: In attempting to define the true meaning of "fair, reasonable and non-discriminatory terms" - also known as FRAND - one is reminded of the parable of two political parties arguing before the elections about who is right and who is wrong, although they both know that there is no such thing as one truth and that it utterly depends on the individual perspective. Given the very substantial legal and business concerns involved within the telecommunication standardization environment, the conflicting interpretations of FRAND terms and conditions seem to be unavoidable. This paper is based on the author's master thesis as part of the LL.M. in Intellectual Property and Competition Law. The analysis presented shows that the FRAND debate is very controversial and that many questions related to the enforcement of FRAND commitments under EC competition law remain unsolved. In essence, this paper demonstrates that FRAND commitments can be used as a powerful defense in order to prevent dominant patent holders from abusively exploiting their standard-essential patents. However, when determining the impact of FRAND commitments under Article 102 TFEU (Treaty on the Functioning of the European Union), it should be kept in mind that the test that complainants need to meet is not merely a test based on the rational of FRAND commitments under the relevant standards-setting organization rules. In other words, in the absence of dominance, even if a patentee in fact does not fulfill his FRAND commitments and asks for exorbitant royalty rates, this does not automatically provide complainants with an antitrust remedy under the EC competition law. Master Thesis.
Author : C. Bradford Biddle
Publisher : Cambridge University Press
ISBN 13 : 1108426751
Total Pages : 379 pages
Book Rating : 4.1/5 (84 download)
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author : Ashish Bharadwaj
Publisher : Springer
ISBN 13 : 981131232X
Total Pages : 350 pages
Book Rating : 4.8/5 (113 download)
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.
Author : Jorge L. Contreras
Publisher : Cambridge University Press
ISBN 13 : 1108547303
Total Pages : 1194 pages
Book Rating : 4.1/5 (85 download)
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.
Author : Jakobs, Kai
Publisher : IGI Global
ISBN 13 : 1522553215
Total Pages : 426 pages
Book Rating : 4.5/5 (225 download)
Download or read book Corporate and Global Standardization Initiatives in Contemporary Society written by Jakobs, Kai and published by IGI Global. This book was released on 2018-02-16 with total page 426 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 and processes. However, limited research exists on how professionals can utilize procedures and express themselves consistently across disciplines. Corporate and Global Standardization Initiatives in Contemporary Society is a critical scholarly resource that examines standardization in organizations. Featuring coverage on a broad range of topics, such as business standards, information technology standards, and mobile communications, this book is geared towards professionals, students, and researchers seeking current research on standardization for diverse settings and applications.
Author : Ashish Bharadwaj
Publisher : Springer Nature
ISBN 13 : 9811501815
Total Pages : 147 pages
Book Rating : 4.8/5 (115 download)
Download or read book Locating Legal Certainty in Patent Licensing written by Ashish Bharadwaj and published by Springer Nature. This book was released on 2022-11-29 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe.
Author : Ashish Bharadwaj
Publisher : Springer
ISBN 13 : 9789811060106
Total Pages : 200 pages
Book Rating : 4.0/5 (61 download)
Download or read book Complications and Quandaries in the ICT Sector written by Ashish Bharadwaj and published by Springer. This book was released on 2017-11-06 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.
Author : Richard Whish
Publisher : Oxford University Press, USA
ISBN 13 : 0199660379
Total Pages : 1175 pages
Book Rating : 4.1/5 (996 download)
Download or read book Competition Law written by Richard Whish and published by Oxford University Press, USA. This book was released on 2015 with total page 1175 pages. Available in PDF, EPUB and Kindle. Book excerpt: Definitive and clear, authoritative and comprehensive; the stand alone resource on competition law for students and practitioners, written by the leading academics in the field. This eighth edition addresses key developments, including the Enterprise and Regulatory Reform Act 2013, with an increased emphasis on intellectual property.
Author : Marc Baudry
Publisher : John Wiley & Sons
ISBN 13 : 1786301180
Total Pages : 292 pages
Book Rating : 4.7/5 (863 download)
Download or read book Patents written by Marc Baudry and published by John Wiley & Sons. This book was released on 2017-11-29 with total page 292 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.
