Licensing Terms Of Standard Essential Patents

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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 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.
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.
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.
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
5g And Beyond
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Author : Jonathan M. Barnett
language : en
Publisher: Cambridge University Press
Release Date : 2023-12-21
5g And Beyond written by Jonathan M. Barnett 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 2023-12-21 with Law categories.
Leading voices in law, economics, and competition policy come together to inform innovation policy in wireless ecosystems.
Research Handbook On Intellectual Property Rights And Inclusivity
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Author : Cristiana Sappa
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-06-05
Research Handbook On Intellectual Property Rights And Inclusivity written by Cristiana Sappa 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 2024-06-05 with Law categories.
This insightful Research Handbook discusses how exclusive intellectual property rights can affect inclusivity within individual, community and business contexts. It employs urban and rural frameworks to provide a multidimensional view of contemporary inclusivity and its relationship with intellectual property.
Licensing Update 2020 Edition
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Author : Battersby, Grimes
language : en
Publisher: Wolters Kluwer
Release Date : 2020-04-01
Licensing Update 2020 Edition 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 2020-04-01 with Law categories.
The Licensing Update covers the year's most significant cases and developments in licensing. The annual update identifies critical trends that licensing professionals and practitioners must understand thoroughly in this rapidly evolving area and provides guidance from licensing experts in a variety of areas of specialty. Highlights of the 2020 Edition include fully updated chapters chapters in all of the major licensing topic areas: Updated listing of the top 150 licensors for 2020. See § 1.02. A new section discussing licensee standing to sue and jurisdiction over a licensor. See § 2.04. A completely updated section examining the year in review concerning copyright licensing. See § 3.02. A total rework of the patent licensing chapter to include such topics as: licensing of standard essential patents; controlling where patents are challenged; how explicit language is needed on whether sublicenses survive termination of the primary license; and patent licensing language interpretation. See Chapter 4. In international licensing issues, a critical look at jurisdictions such as Russia, Canada, and the European Union. See Chapter 7. New sections discussing trends in licensing, especially with respect to blockchain and IP enforcement. See Chapter 9. The bankruptcy chapter has been completely rewritten to discuss the Mission Products case. See Chapter 11. Note: Online subscriptions are for three-month periods. Previous Edition: Licensing Update 2019, ISBN 9781543811322¿
Ideation Conceptualization Realization
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Author : Sarah Leins-Zurmuehle
language : en
Publisher: buch & netz
Release Date : 2021-10-11
Ideation Conceptualization Realization written by Sarah Leins-Zurmuehle and has been published by buch & netz this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-11 with Political Science categories.
The software industry is regarded as one of the most creative and dynamic industries in the world. At the same time, sheltering software through copyright and patent law has been a major point of contention for the past 40 years. This doctoral thesis aims to provide new insights to this discussion. Through the use of sociological methodology, it supplies the necessary basic scientific reasearch regarding how software is developed and commercialized nowadays. Based on these findings, it then legally evaluates to what extent copyright and patent law are able to reflect these structures and determines how an optimal protection scope for computer programs could look like today. This doctoral thesis on one hand offers novel insights and points of view on existing legal doctrines. It further acknowledges as well as legally qualifies some prevailing trends in the software industry, such as Scrum and continuous delivery, that have so far been largely unaddressed by copyright and patent law.
Trade In Knowledge
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Author : Antony Taubman
language : en
Publisher: Cambridge University Press
Release Date : 2022-03-17
Trade In Knowledge written by Antony Taubman 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 2022-03-17 with Business & Economics categories.
Offers insights into what it means to trade in knowledge in today's technological and commercial environment.