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.

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.

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.

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.

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.

This valuable reference presents the "going" royalty rate for virtually any product, including over 1,500 products and services in ten lucrative categories--art, celebrity, character and entertainment, collegiate, corporate, designer, event, sports, nonprofit and music. The essential reference for both beginning and more experienced licensing professionals. Knowing the "going" royalty rate for virtually any product is as simple as reaching for the newly published Licensing Royalty Rates, 2020 Edition . Setting a royalty rate too high can scare away potential licensees, while accepting a lower rate can cost licensors hundreds of thousands of dollars. Licensing Royalty Rates, 2020 Edition provides all the information you need to calculate the right rate every time. The data in Licensing Royalty Rates is compiled using information from the U.S. Patent and Trademark Office. After careful review by a blue-ribbon panel of expert licensing consultants uniquely qualified to know what the appropriate rate range is for specific properties in each licensing category, the information is organized into four time-saving sections that give researchers fast access to comprehensive statistical and analytical data: Royalty rate listing alphabetically by licensed product --provides a detailed alphabetical listing of products and their suggested rate range across all product categories. Royalty rate listing by international trademark class--lets you quickly identify subtle royalty rate differences between similar products within specific international trademark classes. Checklist of licensed products and services--offers a quick-reference to products with a high potential for licensing. Comprehensive list of licensed products and services--presents a detailed list of all surveyed products and services within a trademark class for preparing intent-to-use trademark applications. This detailed information gives both beginning and more experienced licensing professionals the confidence needed to negotiate the maximum allowable rate regardless of the product, the market and the parameters of the specific deal itself. Previous Edition: Licensing Royalty Rates, 2019 Edition, ISBN 9781543800425

An international consensus approach to patent remedies treating complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.