Developing A Framework For Arbitrating Standards Essential Patent Disputes
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Developing A Framework For Arbitrating Standards Essential Patent Disputes
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Author : Jorge L. Contreras
language : en
Publisher:
Release Date : 2014
Developing A Framework For Arbitrating Standards Essential Patent Disputes written by Jorge L. Contreras and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with categories.
A growing chorus of voices is calling for the use of arbitration to resolve disputes concerning standards-essential patents (SEPs). Those advocating the arbitration of SEP-related disputes include academic commentators, government officials and members of the professional bar. Most cite the potential savings of cost and time that arbitration could achieve over the multi-year, resource-intensive lawsuits that currently characterize these disputes. But despite these ringing endorsements, there is surprisingly little guidance available for parties, standards-development organizations (SDOs), and tribunals that wish to implement effective arbitration procedures for these complex disputes. In this article, we lay the groundwork for the development of such procedures and identify several key areas in which further study and deliberation will be required. We pay particular attention to fundamental questions such as whether SEP arbitration should be mandated by SDOs, which issues should be arbitrated, whether arbitral decisions should be confidential, and what form arbitration proceedings should take. While, at this early stage, we do not purport to answer these difficult questions in a definitive manner, we offer a framework for further discussion that we hope will be useful for policy makers, industry participants and commentators considering these important issues.
Standard Setting Organisations Ipr Policies
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Author : Manveen Singh
language : en
Publisher: Springer Nature
Release Date : 2022-07-19
Standard Setting Organisations Ipr Policies written by Manveen Singh and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-07-19 with Law categories.
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.
Licensing Standard Essential Patents
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Author : Igor Nikolic
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-11-18
Licensing Standard Essential Patents written by Igor Nikolic and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-18 with Law categories.
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.
The Role Of Standard Setting Organizations With Regard To Balancing The Rights Between The Owners And The Users Of Standard Essential Patents
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Author : Jurgita Randakeviciúte
language : en
Publisher: Nomos Verlag
Release Date : 2015-06-26
The Role Of Standard Setting Organizations With Regard To Balancing The Rights Between The Owners And The Users Of Standard Essential Patents written by Jurgita Randakeviciúte and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-26 with Law categories.
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.
Intellectual Property Rights And Competition In Standard Setting
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Author : Valerio Torti
language : en
Publisher: Routledge
Release Date : 2015-10-05
Intellectual Property Rights And Competition In Standard Setting written by Valerio Torti and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-05 with Law categories.
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.
Effective Standardization Management In Corporate Settings
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Author : Jakobs, Kai
language : en
Publisher: IGI Global
Release Date : 2015-12-02
Effective Standardization Management In Corporate Settings written by Jakobs, Kai and has been published by IGI Global this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-02 with Business & Economics categories.
The use of standards to optimize the interoperability of systems has become commonplace in the business world. Though once believed to limit innovation, it has been shown that standardization promotes organizational growth. Through defining norms for given technologies, managers open themselves to new opportunities and developments. Effective Standardization Management in Corporate Settings is a pivotal reference source that assesses the link between standards and efficiency in the business world. This innovative publication addresses the economic importance, global impacts, effective tools, and strategies employable across all levels of an organization. Ideal for managers, business owners, business students, and IT professionals, this progressive book highlights the best practices and procedures to bring standardization to the forefront of the contemporary business model.
The Interplay Between Competition Law And Intellectual Property
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Author : Gabriella Muscolo
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-01-17
The Interplay Between Competition Law And Intellectual Property written by Gabriella Muscolo and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-01-17 with Law categories.
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
The Oxford Handbook Of Intellectual Property Law
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Author : Rochelle C. Dreyfuss
language : en
Publisher: Oxford University Press
Release Date : 2018-04-12
The Oxford Handbook Of Intellectual Property Law written by Rochelle C. Dreyfuss and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-04-12 with Law categories.
We live in an age in which expressive, informational, and technological subject matter are becoming increasingly important. Intellectual property is the primary means by which the law seeks to regulate such subject matter. It aims to promote innovation and creativity, and in doing so to support solutions to global environmental and health problems, as well as freedom of expression and democracy. It also seeks to stimulate economic growth and competition, accounting for its centrality to EU Internal Market and international trade and development policies. Additionally, it is of enormous and increasing importance to business. As a result there is a substantial and ever-growing interest in intellectual property law across all spheres of industry and social policy, including an interest in its legal principles, its social and normative foundations, and its place and operation in the political economy. This handbook written by leading academics and practitioners from the field of intellectual property law, and suitable for both a specialist legal readership and an intelligent but non-specialist legal and non-legal readership, provides a comprehensive account of the following areas: - The foundations of IP law, including its emergence and development in different jurisdictions and regions; - The substantive rules and principles of IP; and - Important issues arising from the existence and operation of IP in the political economy.
Proceedings Of The International Conference On Law Economic Good Governance Ic Law 2023
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Author : Abdul Kadir Jaelani
language : en
Publisher: Springer Nature
Release Date : 2024
Proceedings Of The International Conference On Law Economic Good Governance Ic Law 2023 written by Abdul Kadir Jaelani and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024 with categories.
Zusammenfassung: This is an open access book. The position of Indonesia and most countries in IMF calculations, facing the same challenges. Each country requires the legal instruments of a good and reliable system of Government to guards against the worst possible economic turmoil. Good governance is an insistence of the constitution in the economic Article 33 paragraph (5), subsequently published Constitution Number: 30 Year of 2014 on Government Administration, contains 17 principles of a good governance. One of the important points of the principle is a government without corruption and manipulation of policy concepts in order to provide access to consolidation in politics and economy. The latest Transparency International report for 2023 shows that Indonesia's corruption perception index was recorded at 34 points on a scale of 0-100 in 2022. This is a 4-point decrease from the previous year. This decline in the CPI also brought down the ranking of Indonesia's CPI globally. It was noted that Indonesia's CPI in 2022 ranked 110th. In the previous year, Indonesia's CPI was ranked 96th globally. Good Governance is all aspects related to the control and supervision of the power of the Government in carrying out its functions through formal and informal institutions. To implement the principles of Good Governance and Clean Government, the Government must implement the principles of accountability and efficient resource management. Good and clean governance will contribute to economic growth and economic growth will have an impact on human development. During the last decades of 20th century, the needs for a good governance has given some impacts and became a recurring theme in literature related to human development. The intervention of government or the quality of government become crucially important in relation to the high achievement of human development. Whereas an effort in improving society's welfare is through economic development. One of dominant aspects in economic development is through legal development. Good law or policy in such country will have some impacts to the existence of good economic growth because supremacy of law is one aspect of a good governance. Law supremacy is an important institution which is related to economic growth because rule of law ensures personal safety, property rights, unbiased contract enforcement, stability of politics, freedom of speech and control of corruption. According to those various issues and debates on economic, legal development and good governance, then the Doctoral Program of the Faculty of Law Sebelas Maret University needs to hold an international conference as a place in exchanging some academic ideas in order to contributes to those legal issues with a theme, "INTERNATIONAL CONFERENCE ON LAW, ECONOMICS, AND GOOD GOVERNANCE"
Research Handbook On The Economics Of Intellectual Property Law
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Author : Ben Depoorter
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Research Handbook On The Economics Of Intellectual Property Law written by Ben Depoorter and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
Both law and economics and intellectual property law have expanded dramatically in tandem over recent decades. This field-defining two-volume Handbook, featuring the leading legal, empirical, and law and economics scholars studying intellectual property rights, provides wide-ranging and in-depth analysis both of the economic theory underpinning intellectual property law, and the use of analytical methods to study it.