SEPs, SSOs and FRAND

SEPs, SSOs and FRAND PDF Author: Kung-Chung Liu
Publisher:
ISBN: 9780367429379
Category : Foreign licensing agreements
Languages : en
Pages : 0

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Book Description
Introduction : As a Matter of Standard for Asia and Beyond? / Kung-Chung Liu -- De facto Standards / Jiyu Zhang -- De Jure Standard Setting in the Telecom Industry : Its Evolution and the Developing Country Case for Reform / Prashant Reddy Thikkavarapu -- Standard Setting Organizations, Standard-Essential Patents and FRAND Terms : An Economic Observation / Felix Conde, Lanhua Li and Can Huang -- US Perspectives / William Hubbard -- Asian Perspectives / Jyh-An Lee and Sang Jo Jong -- UK Perspectives / Peter Damerell and Tess Waldron -- Unprepared, Unable and Unwilling to Deal with FRAND Licensing of SEPs in Taiwan / Kung-Chung Liu -- Japan / Masabumi Suzuki -- Korea / Jinyul Ju -- IPR Protection and Antitrust Regulation of SEPs in China / Liyang Hou and Mengchi Tian -- Standard Essential Patents and FRAND Licensing : A View from India / -- Biswajit Dhar and Reji K. Joseph -- The Paradox of Relief: Reconciling Remedies in Patent Law and Competition Law for FRAND Cases in India / Feroz Ali -- FRAND as a Legal Concept at the Intersection between Competition Law and Intellectual Property Law : The Road Ahead for Singapore? / Burton Ong -- European Experiences: EU and Germany / Matthias Leistner -- Stakeholders' Views on Policy Concerns and Regulatory Framework for Self-regulation by SSOs / Fair Standards Alliance and Shengtao Hu -- Propositions for Regulated Self-regulation of SSOs / Kung-Chung Liu and Haoran Zhang.

SEPs, SSOs and FRAND

SEPs, SSOs and FRAND PDF Author: Kung-Chung Liu
Publisher:
ISBN: 9780367429379
Category : Foreign licensing agreements
Languages : en
Pages : 0

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Book Description
Introduction : As a Matter of Standard for Asia and Beyond? / Kung-Chung Liu -- De facto Standards / Jiyu Zhang -- De Jure Standard Setting in the Telecom Industry : Its Evolution and the Developing Country Case for Reform / Prashant Reddy Thikkavarapu -- Standard Setting Organizations, Standard-Essential Patents and FRAND Terms : An Economic Observation / Felix Conde, Lanhua Li and Can Huang -- US Perspectives / William Hubbard -- Asian Perspectives / Jyh-An Lee and Sang Jo Jong -- UK Perspectives / Peter Damerell and Tess Waldron -- Unprepared, Unable and Unwilling to Deal with FRAND Licensing of SEPs in Taiwan / Kung-Chung Liu -- Japan / Masabumi Suzuki -- Korea / Jinyul Ju -- IPR Protection and Antitrust Regulation of SEPs in China / Liyang Hou and Mengchi Tian -- Standard Essential Patents and FRAND Licensing : A View from India / -- Biswajit Dhar and Reji K. Joseph -- The Paradox of Relief: Reconciling Remedies in Patent Law and Competition Law for FRAND Cases in India / Feroz Ali -- FRAND as a Legal Concept at the Intersection between Competition Law and Intellectual Property Law : The Road Ahead for Singapore? / Burton Ong -- European Experiences: EU and Germany / Matthias Leistner -- Stakeholders' Views on Policy Concerns and Regulatory Framework for Self-regulation by SSOs / Fair Standards Alliance and Shengtao Hu -- Propositions for Regulated Self-regulation of SSOs / Kung-Chung Liu and Haoran Zhang.

Patent Challenges for Standard-Setting in the Global Economy

Patent Challenges for Standard-Setting in the Global Economy PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309293154
Category : Political Science
Languages : en
Pages : 181

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Book Description
Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.

Complications and Quandaries in the ICT Sector

Complications and Quandaries in the ICT Sector PDF Author: Ashish Bharadwaj
Publisher: Springer
ISBN: 9811060118
Category : Law
Languages : en
Pages : 218

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Book Description
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

SEPs, SSOs and FRAND PDF Author: Kung-Chung Liu
Publisher: Routledge
ISBN: 1000760073
Category : Law
Languages : en
Pages : 352

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Book Description
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.

Multi-dimensional Approaches Towards New Technology

Multi-dimensional Approaches Towards New Technology PDF Author: Ashish Bharadwaj
Publisher: Springer
ISBN: 981131232X
Category : Law
Languages : en
Pages : 350

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Book Description
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.

Patent Remedies and Complex Products

Patent Remedies and Complex Products PDF Author: C. Bradford Biddle
Publisher: Cambridge University Press
ISBN: 1108426751
Category : Business & Economics
Languages : en
Pages : 379

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Book Description
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.

The Cambridge Handbook of Technical Standardization Law

The Cambridge Handbook of Technical Standardization Law PDF Author: Jorge L. Contreras
Publisher: Cambridge University Press
ISBN: 1108548407
Category : Law
Languages : en
Pages : 532

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Book Description
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.

Research Handbook on Intellectual Property Rights and Inclusivity

Research Handbook on Intellectual Property Rights and Inclusivity PDF Author: Cristiana Sappa
Publisher: Edward Elgar Publishing
ISBN: 1803927267
Category : Law
Languages : en
Pages : 539

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Book Description
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.

Patents and Standards

Patents and Standards PDF Author: Michael Drapkin (Lawyer)
Publisher:
ISBN: 9781682673348
Category : Patent laws and legislation
Languages : en
Pages : 0

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Book Description
"Part I [of this book] looks at the history, organizations, and policy considerations involved in setting standards. Part II offers best practices for patent prosecution and portfolio development for standards-related technology, including interfacing with engineers, portfolio development, preparation of SEPs, claiming strategies, and prosecution in the U.S. and other countries. Part III examines licensing and litigation issues for patents and standards, including FRAND licensing, antitrust issues, and litigation forum selection and remedies. Contributing authors provide their perspectives on the key issues in this complicated and contentious area, and offer practical guidance, charts, tables, timelines, practice tips, and more."--

Patent Assertion Entities and Competition Policy

Patent Assertion Entities and Competition Policy PDF Author: D. Daniel Sokol
Publisher: Cambridge University Press
ISBN: 1316861902
Category : Law
Languages : en
Pages : 326

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Book Description
Patent assertion entities (commonly known as 'patent trolls') hurt competition and innovation. This book, the first to analyze the most salient issues related to patent assertion entities around the world, integrates economic theory with economic and legal reality to examine how the entities function and their impact on competition. It also offers legal and policy solutions that might be used to combat them. Edited by D. Daniel Sokol, the volume collects chapters from an array of leading scholars who describe patent assertion entities in the United States, Europe, Korea, Taiwan, Japan, and China, while offering empirical accounts of the entities' economic consequences and their use of litigation as a means of legal extortion against many of the most innovative companies in the world, from startups to multinationals. It should be read by anyone interested in how patent assertion entities operate and how they might be stopped.