Intellectual Property Rights And Competition In Standard Setting
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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.
Complications And Quandaries In The Ict Sector
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Author : Ashish Bharadwaj
language : en
Publisher: Springer
Release Date : 2017-10-27
Complications And Quandaries In The Ict Sector written by Ashish Bharadwaj and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-27 with Law categories.
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.
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.
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.
The Interface Between Intellectual Property Rights And Competition Policy
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Author : Steven D. Anderman
language : en
Publisher: Cambridge University Press
Release Date : 2007-05-10
The Interface Between Intellectual Property Rights And Competition Policy written by Steven D. Anderman and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-05-10 with Law categories.
The purpose of this book is to examine the experience of a number of countries in grappling with the problems of reconciling the two fields of competition policy and intellectual property rights. The first part of the book indicates the variation in legislative models as well as the wide variety of judicial and administrative doctrines that have been used. The jurisdictions selected for study are the three major trading blocks with the longest experience of case law (the EU, the USA and Japan) and three less populous countries with open economies (Australia, Ireland and Singapore). In the second part of the book we look at a number of issues closely related to the interface between competition law and intellectual property rights. Separate chapters analyse the issue of parallel trading and exhaustion of IPRs, the issue of technology transfer, and the economics of the interface between intellectual property and competition law.
Eu Competition Law And Intellectual Property Rights
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Author : Pat Treacy
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-07-05
Eu Competition Law And Intellectual Property Rights written by Pat Treacy 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 2024-07-05 with Law categories.
This authoritative book from one of the top experts in the field sets out a detailed and practical analysis of the complex and often fraught relationship between EU competition rules and intellectual property rights. It is an essential resource for competition lawyers litigating Tech and Pharma cases and advising companies in those sectors, for in-house counsel within those industries, and for IP lawyers needing to understand the competition aspects of licensing agreements. It is also an indispensable reference for courts, enforcement agencies and national competition authorities, as well as for scholars researching in the field.
Competition Law And Standard Essential Patents
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Author : Urska Petrovic
language : en
Publisher:
Release Date : 2014
Competition Law And Standard Essential Patents written by Urska Petrovic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Antitrust law categories.
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.
Intellectual Property Law And Policy Volume 12
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Author : Hugh Hansen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-22
Intellectual Property Law And Policy Volume 12 written by Hugh Hansen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-22 with Law categories.
This is the 17th Annual volume in the series collecting the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyse the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, makes a valuable and lasting contribution to the discourse in IP law, as well as trade and competition law. The contents, while always informative, are also critical and questioning of new developments and policy concerns. Praise for the series: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." The Honourable Mr Justice Laddie, Royal Courts of Justice, London "Faculty for this conference are always well-known 'names', well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.
Intellectual Property And Competition Law
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Author : Peter Chrocziel
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-05-15
Intellectual Property And Competition Law written by Peter Chrocziel 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 2016-05-15 with Law categories.
Inevitably, every marketed product or service can always be located at the intersection of intellectual property law and competition law, a nexus rife with potential problems throughout the ‘life’ of an intellectual property (IP) right. This important book is the first to focus in depth on this intersection in the European context, masterfully elucidating the consequences for IP rights owners from the right’s inception to its transfer, sale, or demise. The authors describes and analyses the following topics and more in detail: • characteristics, purpose and theoretical justifications of IP rights; • obtaining, maintaining, and exploiting an IP right; • effects of provisions of European competition law regarding cartels, block exemptions, abuse of dominant position, free movement of goods, and merger control; • competition between originator companies and generic companies; • licensing, especially the problem of refusal to grant a license; and • enforcement of an IP right. The book analyses all major cases affecting aspects of the intersection, supported by an examination of the historical background and political influence concerning the two areas of European law. There are also special chapters on the prominent and influential national legal systems of Germany, the United States, China, The Netherlands, and the United Kingdom. An annex provides texts of the major antitrust regulations dealing with European IP rights. As a ‘biography’ of IP rights focusing on areas of entanglement with European competition law, this book is without peer. Its clear-sighted view of the status quo and emerging trends in the two fields will be of immeasurable value to practitioners, policymakers, and academics dealing with issues at the intersection of intellectual property law and competition law in Europe and elsewhere.
Intellectual Property Law And Policy Volume 10
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Author : Hugh Hansen
language : en
Publisher: Bloomsbury Publishing
Release Date : 2008-03-26
Intellectual Property Law And Policy Volume 10 written by Hugh Hansen and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-26 with Law categories.
Hart Publishing is pleased to announce that it has recently become publisher of this prestigious and much valued work. The 15th Annual volume in the series collects the presentations and discussion from the Annual Fordham IP Conference. The contributions, by leading world experts, analyze the most pressing issues in copyright, trademark and patent law as seen from the perspectives of the USA, the EU, Asia and WIPO. This volume, in common with its predecessors, seeks to make a lasting contribution to discourse in IP law; few of the chapters are merely descriptive, and most raise questions of policy or discuss new developments. Praise for the Fordham International Intellectual Property Conference: "This must be one of the most enjoyable and thought-provoking conferences in the IP field. The high quality of the speakers is matched by the intense, audience-led debates and challenges which follow." Hugh Laddie, (formerly Mr. Justice Laddie) University College, London and consultant to Rouse & Co, Willoughby & Partners. "Faculty for this conference are always well-known 'names' well respected leaders in their fields, speaking with a combination of candor and timeliness that is unrivaled by any other forum of its kind." The Honorable Marybeth Peters, Register of Copyrights, United States Copyright Office.