Licensing Standard Essential Patents
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Licensing Standard Essential Patents
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Author : igor Nikolic
language : en
Publisher:
Release Date : 2021
Licensing Standard Essential Patents written by igor Nikolic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Electronic apparatus and appliances 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 of 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."--
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.
Patents And Standards
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Author : Michael Drapkin (Lawyer)
language : en
Publisher:
Release Date : 2018
Patents And Standards written by Michael Drapkin (Lawyer) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Patent laws and legislation categories.
Licensing Standard Essential Patents
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Author : Igor Nikolic
language : en
Publisher:
Release Date : 2019
Licensing Standard Essential Patents written by Igor Nikolic and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with categories.
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.
Seps Ssos And Frand
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Author : Kung-Chung Liu
language : en
Publisher: Routledge
Release Date : 2019-12-05
Seps Ssos And Frand written by Kung-Chung Liu and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-05 with Law categories.
This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
Standard Essential Patent Holders
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Author : Rosada B. Vega
language : en
Publisher: Nova Science Publishers
Release Date : 2013-06-19
Standard Essential Patent Holders written by Rosada B. Vega and has been published by Nova Science Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-19 with Patent laws and legislation categories.
This book provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The book first summarises several fundamental principles of patent law, then discusses the relationship between standard-setting organisations and FRAND licensing. It continues with an explanation of the role and duties of the International Trade Commission (ITC) and how there are different legal standards that apply to the award of injunctive relief in federal courts and in the ITC. Also discussed are the recent developments relating to standard-essential patents and FRAND licensing that have occurred in federal agencies responsible for antitrust enforcement, ITC cases, and congressional hearings.
Multi Dimensional Approaches Towards New Technology
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Author : Ashish Bharadwaj
language : en
Publisher: Springer
Release Date : 2018-07-23
Multi Dimensional Approaches Towards New Technology 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 2018-07-23 with Law categories.
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.
Standards Development Patent Policy Manual
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Author : Jorge L. Contreras
language : en
Publisher: American Bar Association
Release Date : 2007
Standards Development Patent Policy Manual written by Jorge L. Contreras and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Authored by standards experts from across industry, academia and private practice, this book serves as a resource for standards development organizations (SDOs), the lawyers who advise them and other participants involved in the process. It is a comprehensive set of annotated, policy-neutral language that can be instantly accessed and utilized by SDOs who are developing new patent policies or those looking to refine or interpret existing policies.
Locating Legal Certainty In Patent Licensing
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Author : Ashish Bharadwaj
language : en
Publisher: Springer Nature
Release Date : 2022-11-29
Locating Legal Certainty In Patent Licensing written by Ashish Bharadwaj and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-11-29 with Law categories.
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.