4iP News

Webinar slides now available! FRAND terms: Same price if different uses of the same SEP?

10 March 2020

Presented by Dr. Eskil Ullberg

This 4iP Council webinar addressed the following:

  • Field-of-use as a principle inherent to the patent system since 1474
  • The efficiency of the field-of-use pricing mechanism in relation to SEP
  • The need for a policy of price differentiation for sustained tech advantage
  • The opportunity to address questions to an expert

Slides available here

This webinar analysed whether price differentiation based on the field-of-use – a common strategy adopted by businesses with high fixed costs–is economically efficient per se, and in particular explains the implications for licensing of Standard Essential Patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms and conditions. This topic is of huge relevance for the Internet of Things (IoT) applications, key for economic growth in the digital economy, especially for small and medium sized enterprises, and for 5G, where the value of its many field-of-uses differ depending on the users, such as low-latency self-driving cars, and low frequency meter readings.

The summary paper Dr Ullberg wrote for 4iP Council on this topic can be downloaded here. The full version of this paper appeared in the Queen Mary Journal of Intellectual Property, Volume 9, 2019.

Dr Eskil Ullberg is a senior research scholar and adjunct professor in economics at George Mason University. His focus is on markets in patents. Current applied research involves a multi-country project to evaluate the economic potential of leveraging the human capital formation of developing nations through markets in patents. This will include a field-experiment on market efficiency given institutional and taxation policy. Eskil's teaching includes African Economic Development, International Money and Finance and International Economics: theory and policy. Prior to research Eskil worked a management consultant for two decades, with a wide range of business sectors, governments on policy problems and international organisations, specialising in risk management.

Eskil’s publications on patent markets, human capital formation and risk include:

  • “Trade in Ideas – Performance and Behavioral Properties of Markets in Patents”, Springer, Innovation and Entrepreneurship book series, 2012, www.tradeinideas.com
  • “The need for a global market in patents”, OpEd for ProjectSyndicate, with Edmund Phelps (Nobel Laurate 2006) , “The world is abandoning the Inventor. This is what needs to change”, at World Economic Forum, 2018
  • “Coordination of Inventions and Innovations through patent markets with prices: An Experimental Investigation of Price Signals and Search Behavior”, Journal of the Knowledge Economy, 2016, DOI: 10.1007/s13132-016-0418-0
  • “New Perspectives on Internationalization and Competitiveness – Integrating Economics, Innovation and Higher Education”, Editor of proceedings from workshops in Washington DC and Stockholm in 2013, Springer Int,2014,www.internationalizationandcompetitiveness.com
  • “Risk Management: From Portfolio Strategy to Value Creating System Strategy”, Geneva Papers on risk and insurance. July 2002, with Rodriguez, Stormby