Licensing Standard Essential Patents

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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.

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.

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.

Patent Remedies And Complex Products

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Author : C. Bradford Biddle
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27

Patent Remedies And Complex Products written by C. Bradford Biddle 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 2019-06-27 with Business & Economics categories.

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.

Exchanging Value

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Author : World Intellectual Property Organization
language : en
Publisher: WIPO
Release Date : 2005

Exchanging Value written by World Intellectual Property Organization and has been published by WIPO this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.

Focuses on "the identification and acquisition, or transfer, through licensing, of technology that is owned by another by virtue of an intellectual property right." - page 5.

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.

Patents As An Incentive For Innovation

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Author : Rafal Sikorski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-02-16

Patents As An Incentive For Innovation written by Rafal Sikorski 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 2021-02-16 with Law categories.

Patents as an Incentive for Innovation Edited by Rafal Sikorski & Zaneta Zemla-Pacud Patents are a reward for human inventiveness. A well-functioning patent system must provide incentives for innovation, safeguard dynamic competition and protect the public interest – a balancing act fraught with difficulty in the ‘connected’ global world. This ground-breaking book is the first to deeply analyse how patent law today performs its function of stimulating innovation in the crucial sectors of healthcare, agriculture, artificial intelligence and communications technology. Patent specialists, practitioners and scholars from various jurisdictions thoroughly describe how patent rights can be deployed to incentivize investments in researching and developing socially critical innovations without sacrificing the public’s interest in sharing the benefits that are produced. Among the emerging issues of patent rights investigated are the following: protectability and morality of according private rights over material derived from the human body; licensing on fair, reasonable and non-discriminatory (FRAND) terms; the supplementary protection certificate (SPC) manufacturing waiver; patent eligibility of artificial intelligence-related inventions; excessive enforcement of patents by patent assertion entities; enforcement of second medical use innovations; the so-called farmer’s privilege, the farm-save seed exemption, and breeders’ rights; international trade regulations and their influence on patent systems; human enhancement technologies and the consequences of patenting them; specifics of patent protection for biologic medicines; challenges posed by artificial intelligence for the disclosure requirement in patent law; and standard essential patent licensing, particularly in the context of the 5G standard. Perspectives taken into consideration by the authors include protectability criteria, length and scope of the granted protection, mechanisms for dealing with the friction between generalized application and specialized concerns, and rights enforcement. These aspects are analysed on the domestic, international and global levels. The COVID-19 pandemic has highlighted the urgent need to strike the right balance between innovation and access in healthcare and other technologies, a need rooted in patent law. Because the problems discussed – and solutions offered – in this collection of expert essays are of tremendous practical and cultural significance, the book will be of immeasurable value to practitioners, policymakers and researchers in patent law and other fields of intellectual property law.

Licensing Terms Of Standard Essential Patents

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Author : Chryssoula Pentheroudakis
language : en
Publisher:
Release Date : 2017

Licensing Terms Of Standard Essential Patents written by Chryssoula Pentheroudakis and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

The prospect of licensing patents that are essential to standards on an industry-wide scale is a major incentive for companies to invest in standardization activities. Most standard development organizations (SDOs) have defined intellectual property rights (IPR) policies whereby SDO members must commit to licensing their standard-essential patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms. This study aims to provide a consistent framework for both the interpretation of FRAND commitments and the definition of FRAND royalties. Our methodology is built on the analysis of landmark and significant decisions taken by courts and competition authorities in Europe and worldwide. The purpose of the comparative analysis is to provide a comprehensive overview of how FRAND licensing terms have been defined in the evolving case law, while testing the economic soundness of the concepts and methodologies applied by courts and antitrust authorities.

Licensing Update 2019 Edition Il

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Author : Battersby, Grimes
language : en
Publisher: Wolters Kluwer
Release Date : 2019-04-17

Licensing Update 2019 Edition Il written by Battersby, Grimes and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-17 with Law categories.

Licensing Update 2019 is the definitive one-volume handbook covering the year's most significant cases and developments in licensing. It identifies critical trends that licensing professionals and practitioners must understand thoroughly in this rapidly evolving area. Up-to-date, incisive, analytical, and essential, this valuable manual helps you keep up with the explosive pace of licensing with guidance from licensing experts in their area of specialty. You'll find in-depth insights and valuable analysis on recent developments and important trends of licensing issues from leading practitioners who are experts in their field. Licensing Update 2019 is organized as a handy "quick reference" to help you save time in structuring stronger agreements to protect your licensing interest. You'll get extensive coverage of developments in audit and accounting practices, tax considerations, antitrust concerns and many of the bottom-line issues that you need to address to ensure day-to-day profitability of your license agreements. Note: Online subscriptions are for three-month periods. Previous Edition: Licensing Update 2018, ISBN 9781454899778¿