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

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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 : 449 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 449 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.

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.

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.

Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition

Author : United States. Department of Justice
Publisher : DIANE Publishing
ISBN 13 : 9781422320198
Total Pages : 216 pages
Book Rating : 4.3/5 (21 download)

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Book Synopsis Antitrust Enforcement & Intellectual Property Rights: Promoting Innovation & Competition by : United States. Department of Justice

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:

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.

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.

Mechanisms to Enable Follow-On Innovation

Author : Alina Wernick
Publisher : Springer Nature
ISBN 13 : 3030722570
Total Pages : 450 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Mechanisms to Enable Follow-On Innovation by : Alina Wernick

Download or read book Mechanisms to Enable Follow-On Innovation written by Alina Wernick and published by Springer Nature. This book was released on 2021-05-13 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: The patent system is based on "one-patent-per-product" presumption and therefore fails to sustain complex follow-on innovations that contain a number of patents. The book explains that follow-on innovations may be subject to market failures such as hold-ups and excessive royalties. For decades, scholars have debated whether the market problems can be solved with voluntary licensing i.e., open innovation, or with compulsory liability rules. The book concludes that neither approach is sufficient. On the one hand, incentives to engage in open innovation practices involving patents are insufficient. On the other hand, the existing compulsory liability rules in patent and competition law are not tailored to address follow-on innovator's interests. To transcend this problem, the author proposes a compulsory liability rule against the suppression of follow-on innovation, that paradoxically, fosters early-on voluntary licensing between patent holders and follow-on innovators. The book is aimed at patent and competition law scholars and practitioners, patent attorneys, managers, engineers and economists who either engage in open innovation involving patents or conduct research on the topic. It also offers insights to policy and law-makers reviewing the possibilities to foster open innovation initiatives or adapt the scope of patent remedies or employ compulsory licenses for patents.

The Innovation Society and Intellectual Property

Author : Josef Drexl
Publisher : Edward Elgar Publishing
ISBN 13 : 1789902355
Total Pages : 327 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis The Innovation Society and Intellectual Property by : Josef Drexl

Download or read book The Innovation Society and Intellectual Property written by Josef Drexl and published by Edward Elgar Publishing. This book was released on 2019 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Intellectual property (IP) rights impact innovation in diverse ways. This book critically analyses whether additional rights beyond patents, trademarks and copyrights are needed to promote innovation. Featuring contributions from thought-leaders in the field of IP, this book examines the check and balances that already exist in the IP system to safeguard innovation and questions to what extent existing IP regimes are capable of catering to new paradigms of innovation and creativity.

Information Technology Standards and Standardization: A Global Perspective

Author : Jakobs, Kai
Publisher : IGI Global
ISBN 13 : 1930708602
Total Pages : 274 pages
Book Rating : 4.9/5 (37 download)

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Book Synopsis Information Technology Standards and Standardization: A Global Perspective by : Jakobs, Kai

Download or read book Information Technology Standards and Standardization: A Global Perspective written by Jakobs, Kai and published by IGI Global. This book was released on 1999-07-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of the emerging global information infrastructure, information technology standards are becoming increasingly important. At the same time, however, the standards setting process has been criticized as being slow, inefficient and out of touch with market needs. What can be done to resolve this situation?To provide a basis for an answer to this question, Information Technology Standards and Standardization: A Global Perspective paints as full a picture as possible of the varied and diverse aspects surrounding standards and standardization. This book will serve as a foundation for research, discussion and practice as it addresses trends, problems and solutions for and by numerous disciplines, such as economics, social sciences, management studies, politics, computer science and, particularly, users.

Multi-dimensional Approaches Towards New Technology

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

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

Download or read book Multi-dimensional Approaches Towards New Technology written by Ashish Bharadwaj and published by Springer. This book was released on 2018-07-23 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.