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

Author: Jurgita Randakeviciúte

Publisher: Nomos Verlag

Published: 2015-06-26

Total Pages: 67

ISBN-13: 3845264276

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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.

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

Author: Jurgita Randakevičiūtė

Publisher: Nomos Verlagsgesellschaft

Published: 2015

Total Pages: 0

ISBN-13: 9783848723287

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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.

Locating Legal Certainty in Patent Licensing
Locating Legal Certainty in Patent Licensing

Author: Ashish Bharadwaj

Publisher: Springer Nature

Published: 2022-11-29

Total Pages: 147

ISBN-13: 9811501815

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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.

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.

The Oxford Handbook of Intellectual Property Law
The Oxford Handbook of Intellectual Property Law

Author: Rochelle Cooper Dreyfuss

Publisher: Oxford University Press

Published: 2018

Total Pages: 1025

ISBN-13: 0198758456

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A comprehensive overview of intellectual property law, this handbook will be a vital read for all invested in the field of IP law. Topics include the foundations of IP law; its emergence and development in various jurisdictions; its rules and principles; and current issues arising from the existence and operation of IP law in a political economy.

Patents and Standards
Patents and Standards

Author: Michael Drapkin (Lawyer)

Publisher:

Published: 2018

Total Pages: 0

ISBN-13: 9781682673348

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"Part I [of this book] looks at the history, organizations, and policy considerations involved in setting standards. Part II offers best practices for patent prosecution and portfolio development for standards-related technology, including interfacing with engineers, portfolio development, preparation of SEPs, claiming strategies, and prosecution in the U.S. and other countries. Part III examines licensing and litigation issues for patents and standards, including FRAND licensing, antitrust issues, and litigation forum selection and remedies. Contributing authors provide their perspectives on the key issues in this complicated and contentious area, and offer practical guidance, charts, tables, timelines, practice tips, and more."--

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

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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.

Understanding ICT Standardization
Understanding ICT Standardization

Author: Nizar Abdelkafi

Publisher:

Published: 2019-05-23

Total Pages: 274

ISBN-13: 9783748247425

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To advance education about ICT standardization, comprehensive and up-to-date teaching materials must be available. With the support of the European Commission, ETSI has developed this textbook to facilitate education on ICT standardization, and to raise the knowledge level of ICT standardization-related topics among lecturers and students in higher education, in particular in the fields of engineering, business administration and law. Readers of this book are not required to have any previous knowledge about standardization. They are introduced firstly to the key concepts of standards and standardization, different elements of the ecosystem and how they interact, as well as the procedures required for the production of standardization documents. Then, readers are taken to the next level by addressing aspects related to standardization such as innovation, strategy, business, and economics. This textbook is an attempt to make ICT standardization accessible and understandable to students. It covers the essentials that are required to get a good overview of the field. The book is organized in chapters that are self-contained, although it would be advantageous to read the book from cover to cover. Each chapter begins with a list of learning objectives and key messages. The text is enriched with examples and case studies from real standardization practice to illustrate the key theoretical concepts. Each chapter also includes a quiz to be used as a self-assessment learning activity. Furthermore, each book chapter includes a glossary and lists of abbreviations and references. Alongside the textbook, we have produced a set of slides that are intended to serve as complementary teaching materials in face-to-face teaching sessions. For all interested parties there is also an electronic version of the textbook as well as the accompanying slides that can be downloaded for free from the ETSI website (www.etsi.org/standardization-education).

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.

Patents
Patents

Author: Marc Baudry

Publisher: John Wiley & Sons

Published: 2017-11-29

Total Pages: 292

ISBN-13: 1786301180

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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.