Research

Robust empirical research on topics related to intellectual property shapes 4iP Council’s position. We commission independent experts to provide robust data and information, as well as analysis, on the complex correlation between investment, invention, innovation, employment and social and economic success.

Research, analysis and commentary


Development of innovative new standards jeopardised by IEEE patent policy

by Keith Mallinson – September 2017

Development of innovative new standards jeopardised by IEEE patent policy

This paper assesses the practical impact of changes made by the IEEE to its patent policy in March 2015. According to the IEEE, these changes were aimed at protecting implementers from potential ‘patent holdup’. The paper makes an empirical assessment of the most recent available data and demonstrates that a large proportion of technology contributors to IEEE standardisation efforts are unwilling to provide 'positive' Letters of Assurance and are not being willing to grant access to patented technology under the terms of the IEEE's new patent policy. As a result, delays in adopting or implementing IEEE standards and litigation are foreseen, unless clarity and certainty around licensing terms are restored.

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Categories: Patent System and Patent Quality, Standardisation

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

by Bowman Heiden and Nicolas Petit – August 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: Patent System and Patent Quality, IP Enforcement, Licensing, IP and Competition Law

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Summary)

by Bowman Heiden and Nicolas Petit – June 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Summary)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: Patent System and Patent Quality, IP Enforcement, Licensing, IP and Competition Law

Lessons from Huawei v. ZTE

by Rt Hon Professor Sir Robin Jacob, Alexander Milner – October 2016

Lessons from Huawei v. ZTE

This paper first summarises the Huawei judgment and what Huawei decides in practice relating to the availability of injunctive relief for SEPs. The principal national case law since the Huawei decision is then reviewed. Finally, some matters left unresolved by Huawei are examined and the authors consider whether further action by the Commission is necessary, including in the context of the pending review of the IPR Enforcement Directive (“IPRED”). The authors consider whether it would be desirable for the European Commission to issue some form of official guidance, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.

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Categories: IP Enforcement, Standardisation, Licensing, IP and Competition Law

Restrictions to patent enforcement

by 4iP Council: An English summary of an article by Prof. Klaus Melullis which appears in the “Mitteilungen der Deutschen Patentanwälte” 107. – October 2016

Restrictions to patent enforcement

This article critically analyses the arguments put forward that the patent and its enforcement limit competition, differentiating between SEP and non-SEP. It further analyses the potential need for regulatory intervention in the litigation system and the expected consequences of such potential intervention on competition, investments, research and development activities and innovation.

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Categories: Licensing, IP and Competition Law, Trade Law and Regulation