The Cambridge Handbook Of Technical Standardization Law

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The Cambridge Handbook Of Technical Standardization Law Volume 2
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Author : Jorge L. Contreras
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-30
The Cambridge Handbook Of Technical Standardization Law Volume 2 written by Jorge L. Contreras 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 2019-09-30 with Law categories.
Technical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses on key areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
The Cambridge Handbook Of Technical Standardization Law
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Author : Jorge L. Contreras
language : en
Publisher: Cambridge University Press
Release Date : 2017-12-14
The Cambridge Handbook Of Technical Standardization Law written by Jorge L. Contreras 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 2017-12-14 with Law categories.
Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
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.
Encyclopedia Of Sustainable Management
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Author : Samuel Idowu
language : en
Publisher: Springer Nature
Release Date : 2023-11-21
Encyclopedia Of Sustainable Management written by Samuel Idowu and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-21 with Business & Economics categories.
This encyclopedia is the most comprehensive and up-to-date source of reference for sustainability in business and management. It covers both traditional and emerging concepts and terms and is fully international in its scope. More than 700 contributions of internationally renowned experts provide a definitive access to the knowledge in the area of sustainable and responsible management. All actors in the field will find reliable and up to date definitions and explanations of the key terms and concepts of management in this reference work. The Encyclopedia of Sustainable Management represents all aspects of management and business conduct. It takes sustainability as a management concept that gives due credit to the complexity and diverging constraints in which businesses and corporations act today, and it emphasizes and focuses approaches that help ensure that today's management decisions and actions will be the basis for tomorrow's prosperity.
Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy
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Author :
language : en
Publisher: BRILL
Release Date : 2024-04-30
Harmonizing Intellectual Property Law For A Trans Atlantic Knowledge Economy written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-30 with Law categories.
This book gathers and builds on research into distinct national and regional traditions in regulating innovation. It is an early attempt at a comprehensive legal history of the uneven trans-Atlantic harmonization of IP law. Authors explore harmonization as a legal mandate and a progressive ideal, and imagine areas in which coherent regulatory webs could build a more vibrant trans-Atlantic knowledge economy.
Standardizing Personal Data Protection
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Author : Irene Kamara
language : en
Publisher: Oxford University Press
Release Date : 2025-03-16
Standardizing Personal Data Protection written by Irene Kamara 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 2025-03-16 with Law categories.
Standardizing Personal Data Protection is the first book focusing on the role of technical standards in protecting individuals as regards the processing of their personal data. Through the lenses of legal pluralism and transnational private regulation, the book studies the interaction of standardization as a private semi-autonomous normative ordering, and data protection law. It traces the origins of standardization for EU policy and law, provides an evolutionary account of worldwide standardisation initiatives in the area of data protection, privacy, and information security, and delves into the concept of technical standards, its constitutive characteristics, and legal effects. The book addresses two key aspects. Firstly, it explores how data protection law, such as the General Data Protection Regulation (GDPR), works as a legal basis for technical standards. To identify standardization areas in data protection, the book proposes an analytical framework of standards for legal compliance, for beneficiaries, and meta-rules. Secondly, the book examines how procedural legitimacy issues, such as questions of transparency, representation, and accessibility, frame and limit the suitability of standardization to complement public law, especially law that protects fundamental rights, including the right to protection of personal data. Ultimately, it concludes by providing a comprehensive account of how a private regulation instrument may complement public law in pursuing its goals and where limits and conditions for such a role should be drawn.
Global Standards And Eu Law
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Author : Mariolina Eliantonio
language : en
Publisher: Edward Elgar Publishing
Release Date : 2025-06-09
Global Standards And Eu Law written by Mariolina Eliantonio 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 2025-06-09 with Law categories.
This book examines the interplay between global standards and the EU legal system, examining how the process of incorporating technical standards set at international level poses challenges for principles of good governance, such as accountability, participatory openness and transparency. It contributes to the ongoing debate concerning the democratic credentials of decision-making in Europe by focusing on the specific juncture where globally produced standards are used by the EU institutions for EU regulatory purposes.
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.
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.
Patent Law Injunctions
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Author : Rafał Sikorski
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-27
Patent Law Injunctions written by Rafał 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 2018-11-27 with Law categories.
In numerous jurisdictions, courts have realized that injunctive relief should not be available automatically in case of patent infringement. Particularly in the wake of the US Supreme Court decision in eBay v. MercExchange, it has become clear that granting an injunction may in some cases enable abuse by patent holders in order to obtain royalties exceeding significantly the value of patent-protected invention or that it may be manifestly against the public interest. This book offers a comparative study of the approaches towards injunctive relief taken by a number of leading jurisdictions, including the United States, the European Union (EU), selected EU Member States (Germany, France, The Netherlands, Belgium, the United Kingdom and Poland), and China, India, Japan and South Korea. Responding to the growing need to provide a comprehensive and flexible framework for the application of injunctive relief, twelve patent law experts, both academics and well-known practitioners familiar with practice in their particular jurisdictions, offer analyses of such elements of patent law injunctions as the following: • access to standard-essential patents; • operations of patent assertion entities; • trolls and patent privateers; • equitable nature of injunctive relief as a source of flexibility; • abuse of right and competition law defences to injunctive relief as sources of flexibility; • analysis of EU instruments that could be used in the interpretation of Member State implementing laws; • conditions for the application of tools such as equity, competition law or general doctrines such as abuse of rights; • circumstances when injunctions should be denied to patentees even though a valid patent was infringed; • complex products cases where patents protect minor parts of the technologies; and • deficiencies and advantages of various approaches to injunctive relief. A proposal for an optimal model of granting injunctions is also included. Given that there is a growing consensus as to the circumstances when injunctions should be available to the patentees and the circumstances when injunctions should be denied, a comprehensive analysis of the various legal doctrines that justify a more flexible approach towards injunctive relief is warranted. This book will give patent law practitioners and in-house counsel the opportunity to draw from the experience of other jurisdictions where courts faced similar problems. Policymakers, patent office officials, academics and researchers in intellectual property law will also welcome this approach.