Publications

Papers, summaries and briefs supporting a wider understanding of invention, innovation and the use of patents developed by eminent researchers or by 4iP Council supporters.

Papers, briefs and publications


How OSS licensing could coinhabit with standards development organisations’ existing IPR policies

How OSS licensing could coinhabit with standards development organisations’ existing IPR policies

Over the past few years, standards development organisations (SDOs) have been assessing how open source software (OSS) could be used to complement standardisation activities. Given that most SDOs have pre-existing intellectual property rights (IPR) policies based on fair reasonable and non-discriminatory (FRAND) access to essential patents, a key challenge for SDOs has therefore been to determine how OSS licensing could coinhabit with SDOs’ existing IPR policies. This has led to considerable discussion and debate and some confusion. Given the diversity of views on the topic, this document is intended to provide some clarity on some critical aspects.

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Categories: Licensing, Open Source software, Standardisation

Patent hold-up and patent hold-out: evolutions in Europe and the US

Patent hold-up and patent hold-out: evolutions in Europe and the US

This paper looks at hold-up and hold-out with respect to standard-essential patents (SEPs) in the ICT sector. It examines the evolution from a hold-up focused view in the US and Europe towards consideration of hold-out by regulatory authorities and courts. Similarities and differences regarding SEPs licensing and enforcement in both regions are addressed. This paper is an update of the article “From Patent Hold-Up to Patent Hold-Out”. The last version of this article was published in the Corporate and Global Standardization Initiatives in Contemporary Societies, 2018.

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Categories: IP and Competition Law, Standardisation

SEP/FRAND case law: overview and challenges regarding confidentiality.

SEP/FRAND case law: overview and challenges regarding confidentiality.

4iP Council webinar presentation given by Prof. Dr. Peter Georg Picht, LL.M. (Yale) on 22 November 2018. Prof. Picht holds a chair for Business and Commercial Law at the University of Zurich, is head of the University’s Centre for Intellectual Property and Competition Law (CIPCO) and is a Max Planck Institute Affiliated Research Fellow.

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

Negotiating SEP licenses in Europe after Huawei v ZTE: guidance from national courts

Negotiating SEP licenses in Europe after Huawei v ZTE: guidance from national courts

This article by Dr Claudia Tapia and Dr Spyros Makris first appeared in Managing Intellectual Property's May 2018 issue. It looks at how national courts in Europe are interpreting the CJEU guidance after Huawei v ZTE. The CJEU provided a legal framework focused on the good faith conduct to be expected of both parties. Since the Court’s decision in 2015, national courts have been steadily exploring the scope of these obligations, providing further clarity on what is or is not to be considered appropriate behaviour.

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Categories: IP Enforcement, Licensing

The Internet of Things and 5G: An Overview

The Internet of Things and 5G: An Overview

Overview of the Internet of Things and 5G presented by Robin Stitzing, Head of Economic Research for Nokia's Patent Business, at the LES France event on IP and Competition, Paris on 24 May 2018. Nokia is a 4iP Council supporter.

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Categories: Digital Single Market, IP and Competition Law