Standard Essential Patents, FRAND Commitments and Competition Law

Standard Essential Patents, FRAND Commitments and Competition Law
Title Standard Essential Patents, FRAND Commitments and Competition Law PDF eBook
Author Torsten Körber
Publisher Nomos Verlagsgesellschaft
Pages 0
Release 2013
Genre Antitrust law
ISBN 9783848704293

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This study takes up central questions concerning the relation between competition and patent law raised by the current "patent wars" in the IT sector. The author assesses the relevance of FRAND commitments under contract and competition law. He further develops criteria for determining reasonable patent license fees and discusses the circumstances under which the filing of a cease and desist order by the holder of a standard assistant patent (SEP) constitutes an abuse according to Article 102 TFEU. Finally, the German BGH's Orange-Book-Standard decision on requirements of compulsory license defense under competition law and its application in the lower courts are criticised. The author defines the BGH's criteria more precisely and questions their compatibility with EU competition law. The volume brings together both an English and a German version of the analysis. The author is professor at the University of Goettingen. His primary research areas are competition and regulation law, with particular emphasis on their relevance for network industries (energy, telecommunications, internet), merger control and competition law in media contexts (intersecting with intellectual property law).

Antitrust Enforcement and Standard Essential Patents

Antitrust Enforcement and Standard Essential Patents
Title Antitrust Enforcement and Standard Essential Patents PDF eBook
Author Haris Tsilikas
Publisher Nomos Verlagsgesellschaft
Pages 0
Release 2017
Genre Antitrust law
ISBN 9783848742172

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The present thesis discusses the implications of the enforcement of standard-essential patents (SEPs) for competition law. Formal standard setting has the potential to result in near-optimal investment in research and development and at the same time in rapid implementation of innovative standards.

Patent Remedies and Complex Products

Patent Remedies and Complex Products
Title Patent Remedies and Complex Products PDF eBook
Author C. Bradford Biddle
Publisher Cambridge University Press
Pages 379
Release 2019-06-27
Genre Business & Economics
ISBN 1108426751

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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.

Complications and Quandaries in the ICT Sector

Complications and Quandaries in the ICT Sector
Title Complications and Quandaries in the ICT Sector PDF eBook
Author Ashish Bharadwaj
Publisher Springer
Pages 218
Release 2017-10-27
Genre Law
ISBN 9811060118

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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.

Multi-dimensional Approaches Towards New Technology

Multi-dimensional Approaches Towards New Technology
Title Multi-dimensional Approaches Towards New Technology PDF eBook
Author Ashish Bharadwaj
Publisher Springer
Pages 350
Release 2018-07-23
Genre Law
ISBN 981131232X

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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.

Licensing Standard Essential Patents

Licensing Standard Essential Patents
Title Licensing Standard Essential Patents PDF eBook
Author Igor Nikolic
Publisher Bloomsbury Publishing
Pages 319
Release 2021-11-18
Genre Law
ISBN 1509947566

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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.

The Interface Between Intellectual Property Law and Competition Law

The Interface Between Intellectual Property Law and Competition Law
Title The Interface Between Intellectual Property Law and Competition Law PDF eBook
Author Soukayna Aouad
Publisher
Pages
Release 2018
Genre
ISBN

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Standard-essential patents (SEPs) are subject to fair, reasonable and non-discriminatory (FRAND) terms. Patent holders voluntary commit to license their SEPs under FRAND terms once they opt for the inclusion of their patented technology in a standard. In the intellectual property policies, standard-setting organisations (SSOs) require that all SEPs shall be subject to FRAND commitments in order to avoid distortion of competition. Hence a contract is concluded between the SSO and the patent holder, with potential standard users as third party beneficiaries. The latter have limited rights (within the scope of the FRAND undertaking). SEP holder and standard user shall proceed to negotiation in order to define the license terms. Royalties shall not be too excessive and shall be fair, as well as non-discriminatory. SEP holders expect to receive a fair compensation for the access of their invention. Conversely, manufacturers assume to be granted FRAND licensing terms. Legal precedents help us understanding what constitute FRAND terms and what are the legal requirements in terms of negotiation procedure. FRAND aimed at avoiding restriction of competition. Incentive for innovation and protection of consumers' welfare are two goals to reach.