Intellectual Property Rights and Competition in Standard Setting
Intellectual Property Rights and Competition in Standard Setting

Author: Valerio Torti

Publisher: Routledge

Published: 2015-10-05

Total Pages: 277

ISBN-13: 131737665X

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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.

Patent Challenges for Standard-Setting in the Global Economy
Patent Challenges for Standard-Setting in the Global Economy

Author: National Research Council

Publisher: National Academies Press

Published: 2013-10-07

Total Pages: 181

ISBN-13: 0309293154

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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.

Complications and Quandaries in the ICT Sector
Complications and Quandaries in the ICT Sector

Author: Ashish Bharadwaj

Publisher: Springer

Published: 2017-10-27

Total Pages: 218

ISBN-13: 9811060118

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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.

Intellectual Property and Information Rights for Librarians
Intellectual Property and Information Rights for Librarians

Author: John Schlipp

Publisher: Bloomsbury Publishing USA

Published: 2019-09-03

Total Pages: 332

ISBN-13: 1440870713

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Including real-world scenarios and best practices, this text presents the important topics of patents, trademarks, and copyrights in relation to intellectual property creators and consumers. Comprehending intellectual property rights is critical in today's world in order to negotiate the challenges associated with all kinds of intellectual properties, from patents to trademarks to copyright. Created for courses but useful for a wide range of readers, Intellectual Property and Information Rights for Librarians teaches intellectual property literacy, allowing teachers and students to easily understand the range of intellectual property issues, including both creator and consumer rights. Author John Schlipp, an intellectual property librarian and professor, guides readers through intellectual property and information rights issues for today's professionals in information-based careers. Real-world issues are emphasized, including fair use, which is covered in reference to the First Amendment. Information rights topics examined include legal and ethical issues such as freedom of information, internet regulations, privacy, cybercrime, and security. This text serves as a comprehensive reference and a collection of best practices that addresses all types of intellectual properties in one book.

The Oxford Handbook of Political Networks
The Oxford Handbook of Political Networks

Author: Jennifer Nicoll Victor

Publisher: Oxford University Press

Published: 2018

Total Pages: 1011

ISBN-13: 0190228210

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Politics is intuitively about relationships, but until recently the network perspective has not been a dominant part of the methodological paradigm that political scientists use to study politics. This volume is a foundational statement about networks in the study of politics.

Economics of Standards in Information Networks
Economics of Standards in Information Networks

Author: Tim Weitzel

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 308

ISBN-13: 3790826642

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Standards play a prominent role in systems characterized by interaction. In information systems, standards provide for compatibility and are a prerequisite for collaboration benefits. More generally speaking, standards constitute networks. In this work, a standardization framework based on an analysis of deficiencies of network effect theory and a game theoretic network equilibrium analysis is developed. Fundamental determinants of diffusion processes in networks (e.g. network topology, agent size, installed base) are identified and incorporated into a computer-based simulation model. As a result, typical network behaviour (specific diffusion patterns) can be explained and many findings from traditional network effect theory can be described as special cases of the model at particular parameter constellations (e.g. low price, high density). On this basis, solution strategies for standardization problems are developed, and a methodological path towards a unified theory of networks is proposed.

Intellectual Property Rights
Intellectual Property Rights

Author: Nikolaus Thumm

Publisher: Springer Science & Business Media

Published: 2013-03-09

Total Pages: 169

ISBN-13: 3662121018

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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.

Handbook of Media Management and Economics
Handbook of Media Management and Economics

Author: Alan Albarran

Publisher: Routledge

Published: 2018-04-27

Total Pages: 654

ISBN-13: 1351747525

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Winner of the 2019 Robert Picard Book Award The Handbook of Media Management and Economics has become a required reference for students, professors, policy makers and industry practitioners. The volume was developed around two primary objectives: assessing the state of knowledge for the key topics in the media management and economics fields; and establishing the research agenda in these areas, ultimately pushing the field in new directions. The Handbook's chapters are organized into parts addressing the theoretical components, key issues, analytical tools, and future directions for research. With its unparalleled breadth of content from expert authors, the Handbook provides background knowledge of the various theoretical dimensions and historical paradigms, and establishes the direction for the next phases of research in this evolving arena of study. Updates include the rise of mobile and social media, globalization, audience fragmentation and big data.

Multi-dimensional Approaches Towards New Technology
Multi-dimensional Approaches Towards New Technology

Author: Ashish Bharadwaj

Publisher: Springer

Published: 2018-07-23

Total Pages: 350

ISBN-13: 981131232X

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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.