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

DOWNLOAD EBOOK

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
Multi-dimensional Approaches Towards New Technology

Author: Ashish Bharadwaj

Publisher: Springer

Published: 2018-07-23

Total Pages: 350

ISBN-13: 981131232X

DOWNLOAD EBOOK

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.

Patent Remedies and Complex Products
Patent Remedies and Complex Products

Author: C. Bradford Biddle

Publisher: Cambridge University Press

Published: 2019-06-27

Total Pages: 379

ISBN-13: 1108426751

DOWNLOAD EBOOK

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.

Competition Law and Standard Essential Patents
Competition Law and Standard Essential Patents

Author: Urska Petrovic

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9789041149602

DOWNLOAD EBOOK

Introduction --Standards and Standard Essential Patents --The Interplay between Intellectual Property Rights and Competition Law --The SEP Owner's Market Power --Deceptive Conduct during the Standardization Process --Strategic Licensing Practices --Interim Observations: Divergences, Legal Gaps, and Legal Uncertainty --Antitrust Remedies --Mechanisms Preventing Disputes in the SEP Context: The Informal Antitrust Intervention --Conclusion.

Standard Essential Patents, FRAND Commitments and Competition Law
Standard Essential Patents, FRAND Commitments and Competition Law

Author: Torsten Körber

Publisher: Nomos Verlagsgesellschaft

Published: 2013

Total Pages: 0

ISBN-13: 9783848704293

DOWNLOAD EBOOK

This study takes up central questions concerning the relation between competition and patent law raised by the current "patent wars" in the IT sector. The author assesses the relevance of FRAND commitments under contract and competition law. He further develops criteria for determining reasonable patent license fees and discusses the circumstances under which the filing of a cease and desist order by the holder of a standard assistant patent (SEP) constitutes an abuse according to Article 102 TFEU. Finally, the German BGH's Orange-Book-Standard decision on requirements of compulsory license defense under competition law and its application in the lower courts are criticised. The author defines the BGH's criteria more precisely and questions their compatibility with EU competition law. The volume brings together both an English and a German version of the analysis. The author is professor at the University of Goettingen. His primary research areas are competition and regulation law, with particular emphasis on their relevance for network industries (energy, telecommunications, internet), merger control and competition law in media contexts (intersecting with intellectual property law).

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

DOWNLOAD EBOOK

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 Cambridge Handbook of Technical Standardization Law
The Cambridge Handbook of Technical Standardization Law

Author: Jorge L. Contreras

Publisher: Cambridge University Press

Published: 2019-04-04

Total Pages: 530

ISBN-13: 9781107570139

DOWNLOAD EBOOK

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.

The Interplay Between Competition Law and Intellectual Property
The Interplay Between Competition Law and Intellectual Property

Author: Gabriella Muscolo

Publisher: Kluwer Law International B.V.

Published: 2019-01-17

Total Pages: 633

ISBN-13: 9041186905

DOWNLOAD EBOOK

Although competition law and intellectual property are often interwoven, until this book there has been little guidance on how they work together in practice. As the intersection between the two fields continues to grow worldwide, both in case law and in regulation, the book's markets-based approach, focusing on sectors such as pharmaceuticals, IT, telecoms, energy and agriculture in eleven of the world's most active jurisdictions, provides a much-needed in-depth understanding of how this interplay reveals itself among the different legal systems. Written by a range of authors including judges, regulators, academics, economists and practitioners in both fields, the book provides an international comparative perspective as well as detailed analysis of specific cases, policies and proposals for change. Among the issues and topics covered are the following: – free movement of goods and the protection of intellectual property rights; – standard essential patents & injunction in patent cases; – intellectual property rights between technological development and consumer protection; – geo-blocking; – online platforms and antitrust; – excessive prices. In this context, special attention is paid throughout to the increasing dialogue among Competition Authorities and between Judges and Competition Authorities around the world. As matchless remedy for the lack of uniformity heretofore, the book's investigation of the nexus between competition law and intellectual property in different sectors and in various countries takes a giant step towards a more-balanced approach and more-levelled regulation and practices. It will be warmly appreciated by policy makers, decision makers, regulators, practitioners and academics in both competition law and intellectual property fields

Licensing Standard Essential Patents
Licensing Standard Essential Patents

Author: Igor Nikolic

Publisher: Bloomsbury Publishing

Published: 2021-11-18

Total Pages: 368

ISBN-13: 1509947574

DOWNLOAD EBOOK

What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.