Research & Webinars
Here we provide a number of reports and research summaries related to SMEs and innovation. You will find additional materials in our main research section.
Papers, briefs and publications
Patent Holdout and Small(er) Technology Firms
Most of the academic and policy attention in the past two decades has been focused on patent holdup theory that posits how weak patents asserted under the threat of injunctive relief can extract greater value than their true worth. This is peculiar given that the eBay ruling in 2006, and its subsequent interpretation by the courts, has greatly reduced the opportunity for injunctive relief in the US. This study instead investigates the symmetrical theory of patent holdout whereby strong patents asserted in a regime of weak injunctive relief can only extract value below their true worth. The focus of the study is on small(er) technology firms (STFs), which are generally understood as critical to economic growth, in contention with much larger incumbent market actors. In particular, the Sonos v. Google and Centripetal v. Cisco are provided as case studies.
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Are PAEs a Threat to Europe?
by Igor Nikolic
Patent Assertion Entities are often negatively portrayed as harmful “patent trolls” that engage in speculative and abusive patent litigation against manufacturing companies. Although mass PAE litigation has mainly been US phenomenon, a recent study indicated that PAEs are on the rise in Europe and a number of changes to the European patent and litigation system have been recommended. This paper provides a different perspective on PAEs. It will first show that not all PAEs engage in harmful activities and that most are in the legitimate business of patent licensing. Further, Europe has in place different patent and litigation incentives than the US, which effectively guard against any abusive patent litigation. Finally, the available evidence does not in fact show the presence of mass and harmful PAE litigation in Europe.
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Categories: Patent System and Patent Quality, SMEs, IP Enforcement
Who owns your ink? The copyright protection of tattoos
by Dr Paula Westenberger
This webinar addresses the legal protection afforded to tattoos by copyright law, covering current discussions on ownership and infringement of tattoos as copyright works, including in the context of commercial uses in video games and films. With Dr Paula Westenberger, Senior Lecturer in Intellectual Property Law at Brunel University London.
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Why automated patent analysis can be wrong, even when it’s right
by Axel Contreras-Alvarez
