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Developing robust empirical research on topics related to intellectual property is at the core of 4iP Council’s work. We commission independent experts to provide robust data and information, as well as analysis, on the complex correlation between investment, invention, innovation, employment and social and economic success. Our research is conducted in accordance with agreed methodological principles.
Patent System and Patent Quality SMEs IP Enforcement Standardisation Licensing IP and Competition Law Trade Law and Regulation Digital Single Market Infographics Open Source software Artificial intelligence and data Digital platforms European Commission FRAND Policy Legislation Regulation Access
Research, analysis and commentary
Economic efficiency and field-of-use pricing of SEP licences under FRAND terms
by Dr Eskil Ullberg, PhD, Adjunct Professor, George Mason University, Virginia, USA and Head of the Trade in Ideas Program, Institute of Management of Innovation and Technology, Stockholm, Sweden.
This summary paper is concerned with patented technology markets, and whether price differentiation based on field-of-use is economically efficient. The focus is on the licensing of SEPs on FRAND terms and conditions, including also the Internet of Things (IoT) applications, and the economic growth in the digital economy, especially for SMEs. The central argument proposed is that the difference in the value between usages of standardised technologies determines whether a single price for all usages or specific field-of-use prices are economically efficient. The full version of this paper will appear in the forthcoming issue of the Queen Mary Journal of Intellectual Property, Volume 9, 2019.
Categories: SMEs, Standardisation, Licensing, Digital Single Market, FRAND
The examination of computer implemented inventions and artificial intelligence inventions
by Jean-Marc Deltorn, Andrew Thean, Markus Volkmer
Computer-implemented inventions and applications of artificial intelligence have become an important part of the current innovation landscape. This trend is demonstrated by a significant increase in patents filings in a variety of technical areas, from self-driving vehicles to applications supporting the fourth industrial revolution. The EPO, as the patent granting authority for the contracting states to the EPC, has developed, over time and in line with the case law of the Boards of Appeal, a stable practice regarding the patentability of computer-implemented inventions. This practice now also applies to applications in the field of artificial intelligence, where it offers a stable platform on which applicants and practitioners can secure patent protection for AI inventions at the EPO, with predictable outcomes. This paper provides guidance about the patentability of artificial intelligence at the EPO.
Patent Quality: Does One Size Fit All?
by Naina Khanna, Phd Candidate at Maastricht University, the Netherlands under the European IP Institutes Network Innovation Society (EIPIN-Innovation Society)
In this article a broad range of literature is analysed to answer the question; what the term "patent quality" may encompass and whether there could be one size fits all definition? The paper seeks to facilitate the identification of factors that influence the quality of patents, especially from a sound policy perspective.
Categories: Patent System and Patent Quality, IP Enforcement
Blockchain and Copyright Issues
by Maximilian Kiemle, LL.M. student at KU Leuven in Belgium.
This paper examines the use of blockchain-based copyright registries. It highlights associated issues and explores the viability of a number of legal and technical responses.
Categories: IP Enforcement, Digital platforms
What is artificial intelligence and why does it matter for Copyright
by Anastasiya Kiseleva, LL.M. student at Leibniz Universität Hannover in Germany.
The main purpose of this article is to show the importance of understanding of nature and features of artificial intelligence (AI) in order to be able to effectively address legal issues posed by AI in the copyright area.
Categories: IP Enforcement, Artificial intelligence and data
Portability in Datasets under Intellectual Property, Competition Law, and Blockchain
by Dr Björn Lundqvist, Associate Professor of Law, Stockholm University
This summary attempts to identify which legal systems are applicable when data is obtained from devices, sent to other devices, and/or distributed to the Cloud, and, ultimately, when it is reused. The author specifically focuses on the application of competition law vis-à-vis the firms included in the standardisation of the Digital Economy. The author’s full paper on this topic can be found on the SSRN website.
A FRAND Regime for Dominant Digital Platforms
by Mathew Heim and Igor Nikolic
This study explores how European policy and legislation has traditionally applied the ‘fair, reasonable and non-discriminatory’ or FRAND regime in order to ensure access to critical goods or services. This regime provides inspiration in the on-going debate around dominant digital platforms. The authors of this paper are Mathew Heim, Tanfield Chambers and Dr. Igor Nikolic, University College London.