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2023 4iP Wrapped
21 December 2023
Top 5 Research Papers
We are glad to present you the official 2023 4iP Wrapped!
Let's take a look back to remember the top 5 papers and top 5 webinars of this year.
Let's take a look back to remember the top 5 papers and top 5 webinars of this year.
5 - The GitHub Copilot Case
Starting with the 5th position of papers, we find "The Github Copilot Case" by Gabriele Montanari, winner of the 2022 4iP Council Research Awards.
It is an analysis about a class-action against GitHub Copilot, that had given new fuel to the discourse around AIs and copyright. It also adresses the issue of Copilot being an AI that has been trained on a large number of publicly available source codes, including GitHub’s public repositories.
4 - The Proposed EU SEP Regulation: Checking Balancing Incentives, and compatibility with EU Fundamental Rights, and the TRIPS Regime
On our top 4 of papers, we can find "The Proposed EU SEP Regulation: Checking Balancing Incentives, and compatibility with EU Fundamental Rights, and the TRIPS Regime" by Dr. Mohammad Ataul Karim, LL.M
This paper critically examines the Draft SEP Regulation, addressing concerns around it, and analysing different incentives for SEP owners and implementers, and also the EU Fundamental Rights and TRIPS compatibility respectively.
3 - The Economic Impact of Patent Holdout
On top 3 of papers, we find "The Economic Impact of Patent Holdout" by Dr. Bowman Heiden and Dr. Justus Baron.
This consists of an executive summary in which theoretical foundations of patent holdout are explained, as well as its contexts, impacts and measurements.
2 - Patent holdout and small(er) Technology Firms
On top 2 we have "Patent holdout and small(er) technology firms" by Dr. Bowman Heiden, Matthew Rappaport.
This study 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.
1 - The Commission’s Draft SEP Regulation – Focus on Proposed Mechanisms for the Determination of “Reasonable Aggregate Royalties”
Finally, on the top 1 position we have "The Commission’s Draft SEP Regulation – Focus on Proposed Mechanisms for the Determination of “Reasonable Aggregate Royalties” by Dr. Justus Baron.
This paper focusses on the suggested mechanisms for the determination of a reasonable aggregate royalty (articles 15-18 of the Draft Regulation). There has been relatively little formal analysis supporting the Commission’s proposals for the determination of an aggregate royalty. There is thus an urgent need for the legislative bodies of the EU to scrutinise this aspect of the Draft Regulation.