4iP News

Two new 4iP Council reports draw lessons for Europe from US patent policy on the innovator-implementor equation

11 December 2017

Two new 4iP Council reports

Signs of Convergence between the US and Europe on Law and Policy relating to Standard Essential Patents?

Vincent Angwenyi, Doctoral Researcher at Max Planck Institute for Innovation and Competition

This paper looks at the balance of interests between patent holders and implementors in recent communications in the US and Europe. The Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice (DOJ) in a speech given on the 10th of November expressed an opinion which is indicative of a shift in the DOJ policy on various issues revolving around Standard Essential Patents (SEPs) that have been committed to licensing on Fair Reasonable and Non-Discriminatory (FRAND) terms. The AAGs speech was delivered not long before the much-anticipated European Commission Communication on the EU approach to SEPs (Brussels, 29.11.2017).

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Patent rights in a climate of intellectual property rights skepticism - Summary

Haris Tsilikas, Research Associate at Max Planck Institute for Innovation and Competition

Summary of a paper by the Hon. Maureen K. Ohlhausen, Acting Chairman of the US Federal Trade Commission which first appeared in the Harvard Journal of Law & Technology, Volume 30, Number 1 in the fall 2016.

A movement is underway to dilute U.S. patents, which have recently been the object of unprecedented criticism. U.S. policymakers lack clear guideposts for evaluating this criticism. Further, some emerging economies are at a crossroads in deciding how to treat proprietary technology, and they look at this U.S. debate through the prism of their own history and economic pressures. This Article defends robust patent rights based on evidence about the relationship between patents and innovation. Given the rich innovation in markets where claimed patent-related problems are most prevalent, the cautious, informed and correct response is incremental, targeted adjustment. Patents should remain a central feature of U.S. technology policy.

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