Germany’s Patent Law and High-Tech Strategy 2025: Implications of Recent Amendments to § 139(1) Patent Act for Innovative SMEs, Start-ups and Research Organisations
A robust patent protection system is of enormous importance for sustainable innovation. More specifically, companies' financing, commercialisation of their technologies and also their competitiveness depend on it.
This paper looks at a sampling of SMEs and research organisations in Germany that help build foundations for further innovation. As illustrated in this paper, German SMEs are very often located in innovation clusters or hubs which are comprised of research organisations, academic sponsors, large and small companies. There are usually led by a team that ensures collaboration across the cluster, access to research, business planning and the promotion of innovation. Innovation clusters, while often having a physical footprint in a specific region, regularly include virtual national and international collaborations. For example, BioRN, the science and business cluster of the Rhine-Main-Neckar region, is one of the strongest biotech hubs in Germany. Covering a region with a radius of 100 km, in which science, industry and government have an ongoing and strong engagement to produce, transfer and create application for life sciences. The cluster recently celebrated its 25th anniversary and currently has more than 130 members: universities, research institutions, ten global pharmaceutical companies (including research and development sites), SMEs, local, regional and federal authorities, the Chamber of Commerce and Industry (CCI) and investors. This impressive line-up explores new ways to transfer results from leading research and academic institutions to industry and local and international markets.
It is in this context that this paper examines the extent to which amendments to § 139(1) of the German Patent Act (PatG) regarding protection against patent infringement could have an impact on Germany’s innovation plans.
This paper was originally published in SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4527205
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elisabethopie
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25/08/2023 |
globalpatentsystems smes
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The Commission’s Draft SEP Regulation – Focus on Proposed Mechanisms for the Determination of “Reasonable Aggregate Royalties”
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drjustusbaron
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10/08/2023 |
standardsfrand
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4iP Council’s Response to the European Commission Call for Evidence on ‘Intellectual property – new framework for standard-essential patents’
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4ipcouncil
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10/08/2023 |
standardsfrand policybrief
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EC Draft SEP Regulation and the TRIPS Agreement Compatibility Assessment
There are many issues stemming from the draft proposal which continue to fuel discussions and encourage disagreement among scholars and practitioners alike. The issue of prime importance to the author is the question of accessibility and availability of civil judicial remedies in patent litigation. Certain provisions proposed in the draft regulation appear to interfere with rights already guaranteed by the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS Agreement).
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waynechinembiri
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04/07/2023 |
globalpatentsystems competition standardsfrand
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The Proposed EU SEP Regulation: Checking Balancing Incentives, and compatibility with EU Fundamental Rights, and the TRIPS Regime
This paper interrogates three related issues of the Draft SEP Regulation, namely; i) balancing incentives for both SEP owners and implementers, ii) the compatibility of the mandatory FRAND determination and the restriction of SEP enforcement proposed in the Draft SEP Regulation with the EU Fundamental Rights, and iii) the compatibility of the Draft SEP Regulation with the Agreement on Trade-Related Aspects of Intellectual Property Rights (the TRIPS Agreement). Section II analyses the different incentives for SEP owners and implementers, and shows an imbalance of incentives between them in favour of implementers. Sections III and IV provide an analysis of EU Fundamental Rights and TRIPS compatibility respectively. Finally, section V of the paper draws some conclusions.
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mohammadataulkarimllm
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04/07/2023 |
globalpatentsystems competition standardsfrand
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Some practical and competition concerns with the proposed Regulation on Standard Essential Patents
The aim of this short paper is to highlight some practical and competition concerns surrounding certain proposed measures of the Draft SEP Regulation addressing perceived problems. There are many aspects that could be criticised. In particular, the lack of evidence of a market failure justifying regulatory intervention, the overall unbalanced nature of the provisions, the harmful impact on innovation of European companies, and geopolitical spill-overs which could lead to the fragmentation of the global standardisation ecosystem.
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drigornikolic
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03/07/2023 |
globalpatentsystems competition standardsfrand
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The Economic Impact of Patent Holdout (Webinar and Exec. Summary)
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drbowmanheiden
drjustusbaron
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28/06/2023 |
standardsfrand sdogovernanceiprpolicy frandlicensing webinar
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Efficient IP management in a market increasingly using open source
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eleftheriastefanaki
jimmyahlberg
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21/06/2023 |
opensource
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Summary: 'Understanding ICT Standardisation: Principles and Practice'
The aim of this paper is to summarize a larger paper, i.e., Understanding ICT Standardization: Principles and Practice” by Abdelkafi, N., Bekkers, R., Bolla, R., Rodriguez-Ascaso, A., & Wetterwald, M. (2021).
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Ellen Deuter, Eleftheria Stefanaki and Wayne Chinembiri
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15/05/2023 |
frandlicensing franddetermination
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Submission by 4iP Council to the European Commission Call for evidence for an impact assessment for the Intellectual property – new framework for standard-essential patents initiative
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4ipcouncil
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03/05/2023 |
standardsfrand
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Summary: 'What the ex-ante benchmark reveals about the reasonable price for SEP licences' by Pekka Sääskilahti and Andrew Tuffin
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fideliceopany
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17/04/2023 |
patentvalue competition standardsfrand sdogovernanceiprpolicy frandlicensing franddetermination
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Finding an efficiency-oriented approach to scrutinise the essentiality of potential SEPs: A Survey
Webinar Description:
The assessment of SEPs’ true essentiality is a topic that has gain significant interest among policy makers. As the European Commission is expected to deliver a legislative proposal to promote an efficient and sustainable SEP licensing ecosystem, the webinar aims to provide a review of the literature on different mechanisms that could be used to determine the essentiality of a patent. Indeed, whilst any policy intervention stems from the need to ensure a reasonable balance among accuracy, transparency, and cost of the essentiality checks, the available approaches score differently in terms of their efficiency.
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giuseppecolangelo
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30/03/2023 |
standardsfrand webinar
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Batman Forever? How Trademarks affect Reuse in the Comics Industry
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2022winners
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22/03/2023 |
trademarksampdesignrights studentresearchcontributions
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The GitHub Copilot Case
Going from Software Protection to Artificial Intelligence Authorship
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2022winners
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22/03/2023 |
artificialintelligence studentresearchcontributions
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Patent Eligibility of Computer-Implemented Inventions at the European Patent Office
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2022winners
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22/03/2023 |
globalpatentsystems studentresearchcontributions
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WIPO and Intangible Asset Finance - Moving Intangible Asset Finance from the Margins to the Mainstream (Summary)
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mohammadataulkarimllm
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06/03/2023 |
patentvalue smes
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The EPO’s Women Inventors report: getting to the roots of women’s disproportion in patenting
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Faye Waterford
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22/02/2023 |
standardsfrand newtechnologies
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Patent Holdout and Small(er) Technology Firms
Most of the academic and policy attention in the past two decades has been focused on patent holdup theory that posits how weak patents asserted under the threat of injunctive relief can extract greater value than their true worth. This is peculiar given that the eBay ruling in 2006, and its subsequent interpretation by the courts, has greatly reduced the opportunity for injunctive relief in the US. This study instead 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.
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drbowmanheiden
matthewrappaport
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16/02/2023 |
globalpatentsystems competition standardsfrand sdogovernanceiprpolicy newtechnologies enforcement smes webinar
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Are PAEs a Threat to Europe?
Patent Assertion Entities are often negatively portrayed as harmful “patent trolls” that engage in speculative and abusive patent litigation against manufacturing companies. Although mass PAE litigation has mainly been US phenomenon, a recent study indicated that PAEs are on the rise in Europe and a number of changes to the European patent and litigation system have been recommended. This paper provides a different perspective on PAEs. It will first show that not all PAEs engage in harmful activities and that most are in the legitimate business of patent licensing. Further, Europe has in place different patent and litigation incentives than the US, which effectively guard against any abusive patent litigation. Finally, the available evidence does not in fact show the presence of mass and harmful PAE litigation in Europe.
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drigornikolic
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15/02/2023 |
globalpatentsystems competition
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Why automated patent analysis can be wrong, even when it’s right
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hectoraxelcontreras
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23/01/2023 |
globalpatentsystems competition standardsfrand
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Liability for trademark infringement involving artificial intelligence
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Gabriele Engels
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20/12/2022 |
newtechnologies artificialintelligence enforcement trademarksampdesignrights
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Enforcement in the Metaverse
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Michelle Ciotola and David Kincaid
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20/12/2022 |
newtechnologies enforcement copyright trademarksampdesignrights
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Is it possible to protect fashion objects as inventions and utility models?
Ludmila Lisovskaya, Patent Specialist at Zuykov and partners, encourages the exploration of patents as a form of protection in the fashion industry with successful examples.
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Ludmila Lisovskaya
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10/11/2022 |
patentvalue trademarksampdesignrights
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IP Role in Covid Times: Compulsory Licensing, IP Waivers, and Other Initiatives
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paoladabbicco
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04/10/2022 |
competition frandlicensing healthcare
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Traversing the evolving trademark landscape: discover trends, challenges and opportunities through the lens of IP intelligence - an interview with Robert Reading
Robert Reading, Head of Content Strategy for IP at Clarivate, answers questions about the recent report, expressing the trends in filing, the impact of technological development, and the most shocking finding. This article first appeared in The Trademark Lawyer, Issue 3 2022.
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Robert Reading
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20/09/2022 |
trademarksampdesignrights
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CRISPR Processes Patents in Green Biotechnology - Intellectual Property Licensing Platforms and Clearing Houses (Webinar & Paper Summary)
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dragnegravesricroch
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15/09/2022 |
patentpools biotechnology webinar
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The benefits of a strong IPR Policy in Europe: EU IP action plan and the view of innovative start-ups
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ceciliasofiaruta
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15/08/2022 |
globalpatentsystems standardsfrand sdogovernanceiprpolicy newtechnologies smes studentresearchcontributions
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Response to European Commission Intellectual property
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Jonathan M. Barnett & Others
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20/07/2022 |
frandlicensing policybrief
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5G standards and the stark divide between innovators and implementers
The article finds that, despite the tremendous potential offered by 5G, the innovator/implementer divide remains deep: more than 70% of the technical contributions, forming the standard, have been submitted by just 10 companies. The numbers highlight why government and regulatory bodies must balance innovation stimulation with IP protection to safeguard the reinvestment cycle. This article, by Georgios Effraimidis and Kirti Gupta, first appeared in IAM.
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Georgios Effraimidis and Kirti Gupta
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13/07/2022 |
standardsfrand
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Metaverse and NFTs: business opportunities and IP challenges
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andreacutescaturla
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13/06/2022 |
newtechnologies smes trademarksampdesignrights
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Green tech, patents, standards: how to achieve global climate neutrality by 2050
Dr. Claudia Tapia and Sofia Pachera Gasparini wrote a paper that proposes a strategy to effectively develop and deploy green technologies globally.
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drclaudiatapia
sofiapacheragasparini
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31/05/2022 |
standardsfrand newtechnologies smes webinar
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Are you exhausted with NFTs already?
Non-Fungible Tokens (“NFTs”) have become a buzzword: their applications in connection with transactions of several types of digital content, including famous artworks for exorbitant amounts, has brought them from the relative obscurity of only a few months ago to public awareness.
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lorenzoberto
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17/02/2022 |
copyright studentresearchcontributions
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The fight against counterfeit goods on Instagram
The pandemic has given rise to an increase in online shopping, particularly in luxury goods. This has also seen an increase in luxury brands turning to social media to advertise and sell their products to consumers.
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clarisazraelteo
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17/02/2022 |
trademarksampdesignrights studentresearchcontributions
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Online Repositories, search costs and cumulative innovation
Scientific advance is shaped by sequential and complementary intellectual efforts. Efficient access to existing information is, therefore, essential for technical progress.
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thomasshaper
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17/02/2022 |
healthcare studentresearchcontributions
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Anti-suit injunctions for standard-essential patents: the emerging gap in international patent enforcement (Summary)
In standard essential patent (SEP) disputes, situations of overlapping national jurisdictions often arise.
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haristsilikas
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04/02/2022 |
standardsfrand frandlicensing franddetermination
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Global Standard Essential Patent Litigation: Anti-Suit and Anti-Anti-Suit Injunctions (Summary)
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drigornikolic
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03/02/2022 |
competition standardsfrand frandlicensing webinar
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Artificial intelligence (AI): IP challenges and proposed way forward
4iP Council, examine the recent developments in AI and their impact on the industry.
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martaduque
drclaudiatapia
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25/01/2022 |
artificialintelligence enforcement copyright
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Brand protection in the age of social media
Sara Suleiman, IP Attorney at Dinsmore & Shohl LLP, provides five crucial actions required to overcome the new challenges born of this era for protecting against counterfeits on platforms such as Instagram, Facebook and Pinterest.
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Sara Suleiman
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25/01/2022 |
enforcement trademarksampdesignrights
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The economic case against Licensing Negotiation Groups in the Internet of Things
Competition policy generally prohibits coordination among buyers or sellers, especially coordination on price, price-related inputs, and output that directly endangers the free play of competitive forces. Nonetheless it has been periodically proposed that this rule should be relaxed to permit the formation of licensing negotiation groups (“LNGs”) in markets for standard-essential patents (or “SEPs”) relating to wireless communications technologies. This proposal has no sound basis in economic theory or evidence. Contrary to common assertions, there is no evidence showing that SEP licensing markets widely suffer from “patent hold-up” or “royalty stacking.” To the contrary: over three decades of market performance indicate that aggregate SEP royalty rates have consistently reflected single-digit percentages of device prices, which is consistent with the rapid rates of adoption enjoyed by wireless communications technologies during this period.
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jonathanmbarnett
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20/12/2021 |
globalpatentsystems competition standardsfrand frandlicensing patentpools iot webinar
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Licensing Negotiation Groups: what, why, how?
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drigornikolic
haristsilikas
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23/11/2021 |
competition standardsfrand frandlicensing franddetermination patentpools webinar
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Recent German Court Decisions and Legislation shape the future of Patent Litigation
Dr. Dennis Kretschmann of Boehmert & Boehmert discusses the prospect of a Unitary European Patent which according to optimistic estimates, could enter into force within the next 12 to 18 months.
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drdenniskretschmann
drmichaelruumlberg
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12/11/2021 |
globalpatentsystems frandlicensing enforcement
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The value of brands in a pandemic: where to look when production comes to an unprecedented halt
Pilar López, Partner at Arias, provides an overview of why IP after the Covid 19 is more crucial than ever to the fashion industry. This article first appeared in The Trademark Lawyer, Issue 5 2021.
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mariadelpilarlopezquiros
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12/11/2021 |
smes trademarksampdesignrights
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Patent Pools: a practical perspective
Part I of the paper will be published in les Nouvelles, December 21. Part II in a following edition, date to be confirmed.
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juliabrito
hectoraxelcontreras
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11/11/2021 |
standardsfrand patentpools
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Licensing Negotiation Groups for SEPs - Collusive Technology Buyers Arrangements: Pitfalls and Reasonable Alternatives
Summary of ‘Licensing Negotiation Groups for SEPs - Collusive Technology Buyers Arrangements: Pitfalls and Reasonable Alternatives’
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drigornikolic
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13/10/2021 |
competition standardsfrand frandlicensing franddetermination patentpools
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Does Over-Declaration Impede Access to Cutting-Edge Standardised Technologies?
This article discussed the phenomenon of over-declaration
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yalanwang
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01/10/2021 |
standardsfrand sdogovernanceiprpolicy franddetermination iot
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Are collecting agencies a model that fits to SEP licensing?
Summary of ‘Are collecting agencies a model that fits to SEP licensing?’ In the latest years, cellular standards have reached new sectors and markets due to the increasing number of ‘things’ being connected via the Internet (Internet of Things or IoT)
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hectoraxelcontreras
ruili
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24/09/2021 |
frandlicensing copyright
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How IP Rights Keep Markets Free
How IP Rights Keep Markets Free, Jonathan M. Barnett Contributor, Forum for Intellectual Property, Hudson Institute June 2021, analyses the counterintuitive IP policy preferences of large technology firms and, in resolving this apparent anomaly, shows that patents tend to enhance competitive intensity by enabling idea-rich but capital-poor innovators to challenge idea-poor but capital-rich incumbents.
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jonathanmbarnett
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08/09/2021 |
globalpatentsystems policybrief
View >
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Live Q&A on the ECJ Nokia v Daimler dispute
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profnicolaspetit
richardvary
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22/06/2021 |
competition standardsfrand frandlicensing webinar
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A Policy Governance Framework for SEP Licensing: Assessing private versus public market interventions
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drbowmanheiden
drjustusbaron
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21/06/2021 |
globalpatentsystems competition standardsfrand sdogovernanceiprpolicy webinar
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Is US Amazon 'targeting' UK and EU consumers?
Is US Amazon ‘targeting’ UK and EU consumers? Paul Sweeden, Associate at Locke Lord LLP, evaluates the Lifestyle Equities. CV and Another v Amazon UK Services Ltd and Others [2021] EWHC 118 (Ch) case, and what it means for trademark use in online retail. This article first appeared in The Trademark Lawyer, Issue 3, 2021.
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Paul Sweeden
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18/06/2021 |
trademarksampdesignrights
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Trademarks in times of turbulence: a ballast or a life ring for a company?
The COVID-19 pandemic has led to a global crisis. Olga Plyasunova, Partner at Zuykov and Partners, explains how this has affected trademark and industrial design filing activity, what trademark owners should do, and whether to registering new trademarks. This article first appeared in The Trademark Lawyer, Issue 2 2021.
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Olga Plyasunova
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11/06/2021 |
globalpatentsystems trademarksampdesignrights
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Level up your IP strategy: patentability of video games in the UK and Europe
Andrew White and Conor McGuinness, of Mathys & Squire, develop key insights into patenting video games with exploration of unsuccessful and successful case examples. This article first appeared in The Patent Lawyer, March / April 2021, Issue 53.
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Andrew White and Conor McGuinness
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11/06/2021 |
globalpatentsystems
View >
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Generating income and impact with IP licensing
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marksnelgrove
mojcazupan
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10/06/2021 |
frandlicensing smes copyright trademarksampdesignrights webinar
View >
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How to protect your business and increase its value with trademarks and designs?
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kateo039rourke
maschaheidelberg
sandrasophiaredeker
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26/04/2021 |
smes copyright trademarksampdesignrights webinar
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As Open As Possible, As Closed As Needed: Challenges of the EU Strategy for Data
Ginevra Bruzzone and Koenraad Debackere provide a reasoned overview of the European Commission’s agenda, as far as data are concerned, for the forthcoming months, describing the main features of the approach outlined by the 2020 EU strategy for data and comment on the main challenges that have to be met to ensure that the strategy achieves its ambitious objectives, with a focus on the rules concerning access to data. This article first appeared in les Nouvelles -March 2021. Les Nouvelles is the journal of the Licensing Executives Society International.
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ginevrabruzzone
profkoenraaddebackere
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30/03/2021 |
globalpatentsystems newtechnologies artificialintelligence enforcement webinar
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Gender mainstreaming enhances women’s representation in inventions
Article by Carolina Torres-Sarmiento for the International Women's Day 2021
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carolinatorressarmiento
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08/03/2021 |
globalpatentsystems
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Downsides of Using Inadequate Open Source Software Processes and Licenses within Standard Development
These slides were presented 2 March 2021 during a 4iP Council webinar with Michele Herman, CEO of Early Stage Health-Tech Startup and Founder of JusTech Law and Dr. Justus Baron, Senior Research Associate at the Center on Law, Business, and Economics, Northwestern University Pritzker School of Law. The presentation discussed the competition risks that may arise when SDOs integrate specification development with open source software development, and in particular, when SDOs develop and adopt their own open source reference implementation of the SDO’s standard.
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micheleherman
drjustusbaron
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02/03/2021 |
competition opensource webinar
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The New Landscape in FRAND Litigation
Summary of ‘The New Landscape in FRAND Litigation’. Three judgments by the Federal Court of Justice (Bundesgerichtshof – BGH) of Germany, the Supreme Court of the UK, and the US Court of Appeals for the Ninth Circuit change the landscape in international FRAND litigation. The three decisions point to a growing convergence in the adjudication of FRAND disputes in these three major jurisdictions (US, Germany, and UK). In the new landscape, courts emphasise industry practice in reviewing disputes between owners of standard-essential patents (SEPs) and standard users regarding FRAND licensing terms.
Full paper available at: Haris Tsilikas, ‘The New Landscape in FRAND Litigation’ (December 2020) Competition Policy International – Antitrust Chronicle https://www.competitionpolicyinternational.com/the-new-landscape-in-frand-litigation/
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haristsilikas
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01/03/2021 |
standardsfrand frandlicensing enforcement
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German data shows patents are of high quality
Infographic analysing patent data from 2018 to assess patent quality.
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4ipcouncil
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20/02/2021 |
globalpatentsystems patentvalue infographics
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German data shows partially (in)validated patents are still commercially valuable
Infographic analysing patent data from 2014-2018 to assess the commercial value of (in)validated patents
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4ipcouncil
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20/02/2021 |
globalpatentsystems patentvalue infographics
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The functions of patents in our societies: innovation, markets, and new firms
Executive summary and key messages of "The functions of patents in our societies: innovation, markets, and new firms" by Prof. Alfonso Gambardella (Head of the Department of Management & Technology of Bocconi University, Milan and Fellow of the Strategic Management Society and a member of the Center for Economic and Policy Research (CEPR), London).
Click on the title above to read the executive summary.
Full paper available at SSRN: http://ssrn.com/abstract=3789554
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profalfonsogambardella
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19/02/2021 |
globalpatentsystems patentvalue webinar
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Patentability of Computer Programs in Europe
The subject matter of this paper is focused on software inventions, which emerged in the practice
of European Patent Office under the umbrella of “computer program having a technical
character”. This concept is built without a proper definition of “computer program” and remains
insufficiently researched. However, such patents are already granted. The main questions
examined in the paper include the following:
• What does Article 52 of the European Patent Convention understand under unpatentable
“programs for computers as such”?
• Are there any elements in a computer program that are not excluded by Article 52 and
thus can qualify as inventions?
• What is the role and the meaning of “further technical effect” that must be produced by
a computer program in order to be patentable?
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yuliaborisova
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19/02/2021 |
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Judicial determination of FRAND royalties in the ICT sector: should courts determine FRAND royalties and, if so, how? Principles, methods and challenges
To ensure accessibility to standards, some standard setting organisations require SEP holders
to commit to license on fair, reasonable and non-discriminatory (FRAND) terms. These terms
are subject to different interpretation, which gives rise to legal uncertainty and increased
litigation. And whilst court decisions have helped clarify the meaning of these terms, judicial
FRAND determination has been rare in Europe, where courts tend to shy away from
determining FRAND royalties.
This paper discusses the principles taken into account and the methods generally applied by
the courts to determine FRAND royalties. It advocates for more guidance on valuationon
methods, including from governmental agencies and the judiciary, and argues that judicial
FRAND royalty determinations can benefit the licensing system, albeit methods and access
to data, including regarding SEP essentiality, need improvement.
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ritagarciacuteabennett
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19/02/2021 |
standardsfrand franddetermination studentresearchcontributions
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Patents and Supra-competitive Prices: Evidence from Consumer Products
The patent system is a central tool in innovation policy. The prospect of monopolistic pricing
conferred by patent protection supposedly encourages firms to innovate. However, there is
scant empirical evidence supporting the existence of higher markups for patent-protected
products. Using an original dataset that links a broad range of consumer products to the
patents that protect them, we study the impact of patent protection on product prices. The
empirical strategy exploits exogenous variations in patent status, namely the fall of the
patent in the public domain after the statutory 20-year term limit is reached. We find that
a loss of patent protection leads to a 7–8 percent drop in product prices. The price drop,
which starts about one year before patent expiry, is larger for more important patents and
is more pronounced in more competitive product markets.
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lingzhou
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19/02/2021 |
patentvalue
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The unchartered path of patenting AI in the US
Marc V. Richards and Scott Ilhwan Yoo, of Brinks Gilson & Lione, examine the state of patenting AI-related and AI-generated inventions and a path forward in view of the rejection of the DABUS patent applications. This article first appeared in The Patent Lawyer, Annual 2021, Issue 51.
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Marc V. Richards, Scott Ilhwan Yoo
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09/02/2021 |
newtechnologies artificialintelligence
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The Trademark use system in China and the EU
Wenya He, Trademark Attorney at Beijing Sanyou, evaluates symbolic use, consistency, proper use, and non-use cancellation. This article first appeared in The Trademark Lawyer, Annual 2021.
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Wenya He
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09/02/2021 |
globalpatentsystems trademarksampdesignrights
View >
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Devialet case study
Devialet is related to the concepts of betterment, new ideas and scientific progress, not only because its name evokes one of the greatest intellectuals of the Enlightenment era (the engineer Guillaume Vialet) but also the company is making a significant contribution to the audio industry throughout a constant innovation and investment in R&D since its inception. This case study reviews Devialet's innovation story.
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fernandadonairepassoni
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09/02/2021 |
patentvalue smes
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Interview mit Uwe Scharen zur deutschen Patentrechtsreform
Das Bundeskabinett hat vor kurzem den Regierungsentwurf eines Zweiten Gesetzes zur Vereinfachung und Modernisierung des Patentrechts (Regierungsentwurf) beschlossen, der inzwischen dem Deutschen Bundestag zur Abstimmung vorgelegt worden ist. Der Regierungsentwurf enthält u.a. einen Vorschlag zur Einschränkung des patentrechtlichen Unterlassungsanspruchs in bestimmten Ausnahmefällen auf Grundlage von Verhältnismäßigkeitserwägungen.
4iP Council hat Herr Uwe Scharen, ehemaligen Vorsitzenden Richter des für das Patentrecht zuständigen 10. Senats des Bundesgerichtshofs, um seine Meinung zum entsprechenden Vorschlag gebeten.
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siruwescharen
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05/02/2021 |
globalpatentsystems
View >
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Interview of Uwe Scharen on the reform of the German Patent Act
Recently, the Federal Cabinet adopted a draft bill for the ‘Second Act on the Simplification and Modernisation of Patent Law’, which in the meantime, has been submitted to the German Parliament to be enacted as law. Among other provisions, the draft bill includes a proposal for the introduction of an express proportionality provision limiting patent holders’ right to injunctive relief under specific conditions.
4iP Council interviewed Mr Uwe Scharen, esteemed former Presiding Judge of the 10th Senate of the German Federal Court of Justice that is competent for patent law to better understand the situation and to share his views on the respective proposal.
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siruwescharen
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05/02/2021 |
globalpatentsystems
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The Value of Standard Essential Patents and the Level of Licensing
In this summary paper the authors argue that the value of standard essential patents (SEPs) should be independent of the level of licensing in the value chain. They further argue the value of enabling technologies, such as SEPs, is best determined in relation to the value it produces to the consumer or end-user, regardless of the licensing level. Finally, the authors discuss legal, economic, and organisational factors that can guide market actors to determine the optimal level of licensing through private ordering. Two cases studies, regarding optical standards and cellular standards, are presented to illustrate SEP licensing challenges and solutions in practice.
Full paper available at:
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3717570.
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drbowmanheiden
drjorgepadilla
ruudpeters
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18/01/2021 |
standardsfrand frandlicensing iot webinar
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The Value of Cellular Connectivity – From Mobile Devices to the Internet-of-Things (IoT)
Executive summary of "The Value of Cellular Connectivity – From Mobile Devices to the Internet-of-Things (IoT)" by Bowman Heiden (Co-Director of the Center for Intellectual Property (CIP) in Gothenburg, Sweden, and Visiting Professor at the Fung Institute of Engineering Leadership at UC-Berkeley). Full paper available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3670222
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drbowmanheiden
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14/01/2021 |
standardsfrand franddetermination iot
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FRAND to address competition issues posed by major digital platforms?
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minhhungtao
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22/12/2020 |
competition standardsfrand enforcement iot
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Making the most of the EU’s innovative potential – An intellectual property action plan to support the EU’s recovery and resilience (summary)
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4ipcouncil
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22/12/2020 |
globalpatentsystems enforcement smes studentresearchcontributions policybrief
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Summary of the European Commission's workshop on the pilot project for essentiality assessments of SEPs
4iP Council Report on the ‘Online Presentation of the results of the pilot project for essentiality assessments of Standard Essential Patents’ held on the 2nd December 2020.
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4ipcouncil
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08/12/2020 |
standardsfrand sdogovernanceiprpolicy policybrief
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Open Source Software and Standards Development: Competition Law Implications
Abstract and key messages of "Open Source Software and Standards Development: Competition Law Implications".
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richardstaffet
michaelzymler
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07/12/2020 |
competition opensource standardsfrand sdogovernanceiprpolicy webinar
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Sensible Open Source Licenses For Standards Development Organizations (Summary)
New technologies such as 5G, IoT, blockchain and many others are implemented as ecosystems with many interoperable products and services designed to communicate seamlessly through a developing web of technical standards. Today’s standards are far more software-driven than in the past. As a result, standards development organizations (SDOs) are increasing their use of open source software (OSS) to promote both the rapid development of new standards and the deployment of standards-conformant products and services in the marketplace.
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micheleherman
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03/12/2020 |
competition opensource standardsfrand sdogovernanceiprpolicy iot
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Summary of the Pilot Study for Essentiality Assessment of Standard Essential Patents
The present study, commissioned by the European Commission (EC), investigates the technical and institutional feasibility of a large-scale system that seeks to achieve better essentiality scrutiny for Standard Essential Patents (SEPs).
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4ipcouncil
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01/12/2020 |
globalpatentsystems patentvalue standardsfrand sdogovernanceiprpolicy frandlicensing studentresearchcontributions
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Q&A on UPC and UPS
On 27th November 2020 the German Parliament passed the bill required for the UPC ratification. This Q&A with Dr Aloys Hüttermann (Michalski • Hüttermann & Partner), author of the book ‘Unitary Patent and Unified Patent Court,’ explores the implications for the UPC.
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draloyshuumlttermann
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30/11/2020 |
globalpatentsystems enforcement smes
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Valorisation of scientific results – Patent commercialisation scoreboard: European universities and public research organisations
Second in a series of patent commercialisation scoreboards by the EPO. This study is based on 686 interviews conducted with 241 European universities and public research organisations, and provides detailed information on their patented inventions, commercialisation patterns, and the challenges faced by research institutions in bringing them to market. It also looks at the role of technology transfer and licensing offices responsible for the exploitation of patents. Key findings include: European universities and public research organisations bring more than a third of their inventions to market; licensing is preferred channel of commercialisation, preferably in the home market; commercialisation partners include SMEs and large companies in almost equal measure.
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European Patent Office
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25/11/2020 |
globalpatentsystems sectorspecific publicsector
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License your valuable assets
Addresses the following questions: What is a license and why would you need one? How do you prepare to license and find the right partner? Seller beware, lessons and tips on the agreement tax implications, financial outcomes and royalty rates.
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eszterszakaacutecs
drankenestler
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18/11/2020 |
standardsfrand frandlicensing smes webinar
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4iP Council’s experience in supporting IP Teaching
This slide set was presented by Axel Ferrazzini, Managing Director for IP Council, on the 24th October 2020 during an event for IP educators organised by the university teachers network, EIPTN, on the occasion of its 12th Anniversary Conference. The presentation covers resources developed by 4iP Council for supporting and orienting people interested in growing their business with intellectual property. EIPTN brings together dynamic intellectual property teachers of the European continent and further to build exchanges that benefit business, science, culture and society.
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axelferrazzinimba
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13/11/2020 |
smes
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The value of (partially) invalidated patents
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drspyrosmakris
hectoraxelcontreras
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06/11/2020 |
globalpatentsystems patentvalue
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Patents to climate rescue: how intellectual property rights are fundamental to the development of renewable energy
This is a brief overview of the role of patents in renewable energy technologies. It is designed to provide the reader with an introduction on the concept and importance of renewable energy production; the role patents are playing in the development of these technologies; a statistical snapshot of the patents trends and global output of renewable energy; various governmental policies; and case study highlights. With the latter showcasing how two successful companies have used their IP in this area from the perspective of a large company and an SME. This is the first introductory article which will delve into different aspects of the renewable technology sector and intellectual property.
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arielleaberdeen
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28/10/2020 |
globalpatentsystems sectorspecific energy studentresearchcontributions
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The Value of Intangible Assets
Covers how and when to value your intangible assets; understanding “value” versus “price”; methods of valuation and how to manage an IP valuation.
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drandreacutegorius
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28/10/2020 |
globalpatentsystems smes webinar
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4iP Contribution to the European Commission Intellectual Property Action Plan
A strong cohesive IP framework is vital for European Industrial policy. Notably, patents are effectively the “currency” of the Digital Economy technology base. SMEs are the “backbone” of the European economy and their growth and success are vital to moving forward. 4iP Council is willing to help the European Commission to upgrade the European IP system, promote its smarter use, ensure and strengthen better IP
enforcement as well as promote fair play globally for intellectual property rights. This plan outlines 4iP Council's considerations on protecting IPR investments.
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4ipcouncil
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13/10/2020 |
globalpatentsystems policybrief
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Why researchers need an IP strategy
Addressed the relevance of IP in public and private research today and in the future with a focus on environmentally friendly (green) technologies; solutions offered by WIPO for identifying and optimising IP; the different legal frameworks that surround public innovation and the impact of having an IP strategy in the public innovation context and best practices in governance and management.
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profkoenraaddebackere
drpeteroksen
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09/10/2020 |
globalpatentsystems competition sectorspecific publicsector webinar
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Managing your intellectual property
Delivered with LESI, this webinar addressed how to develop a business strategy for your IP; establishing IP processes and policies, exploiting your IP and considerations for your management, monitoring and assessing your IP activity effectively.
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dondrinkwater
jimmalackowski
drnikosminas
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30/09/2020 |
globalpatentsystems copyright trademarksampdesignrights webinar
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What you need to know about copyright and music
Covers why copyright is important for musicians, artists, producers and those working in the music industry; the basics on what copyright is; how music copyright works, and how it is split up into different elements (lyrics, song, recording); when it is copyright infringement or taking inspiration in song writing; recent copyright infringement case law and the impact on music creation.
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drhayleighbosher
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18/09/2020 |
copyright webinar
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A Guideline to Artificial Intelligence, Machine Learning and Intellectual Property
This guide has been developed to help businesses understand the basic tenets of artificial intelligence (AI), and the main steps necessary to ensure the protection of creations generated by AI.
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martaduque
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15/09/2020 |
opensource artificialintelligence enforcement iot studentresearchcontributions
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Unwired Planet v Huawei - UK Supreme Court Decision
These slides were shared by expert Richard Vary during a webinar on 1 September 2020. The webinar addressed the following questions about the UK Supreme Court's decision: Unwired Planet v Huawei -
What did the judges uphold and what did they overturn? Will the UK still be able to calculate global rates as part of deciding whether to give an injunction? Non-discrimination: what happens if one licensee has a better deal? Will the UK remain a key forum for patent owners?
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richardvary
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01/09/2020 |
competition standardsfrand frandlicensing webinar
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Comparable Agreements and the “Top-Down” Approach to FRAND Royalties Determination
Executive summary of "Comparable Agreements and the “Top-Down” Approach to FRAND Royalties Determination" by Haris Tsilikas, LLM (Max Planck Institute). Full paper available at https://www.competitionpolicyinternational.com/comparable-agreements-and-the-top-down-approach-to-frand-royalties-determination
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haristsilikas
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03/08/2020 |
globalpatentsystems patentvalue standardsfrand frandlicensing
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The Value of Standardized Technology to Connected Cars
IPR & Licensing Department at a telecommunication company, as a part of the LL.M program in ‘Intellectual Property and Competition Law’ at Munich Intellectual Property Law Center (MIPLC), Munich
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sunilarya
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23/07/2020 |
standardsfrand sectorspecific automotive iot studentresearchcontributions
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Patent Tigers and Global Innovation
Prof. Jonathan M. Barnett - Torrey H. Webb Professor of Law at the University of Southern California Gould School of Law
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jonathanmbarnett
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23/07/2020 |
globalpatentsystems standardsfrand sdogovernanceiprpolicy
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License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules
By Dr. Anne Layne-Farrar Vice President in Competition Economics at Charles River Associates and an Adjunct Professor at the Northwestern University Pritzker School of Law, and Richard J. Stark Partner in the Litigation Department of Cravath, Swaine & Moore LLP.
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drannelaynefarrar
richardjstark
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21/07/2020 |
standardsfrand frandlicensing webinar
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Counting Standard Contributions to Measure the Value of Patent Portfolios - A tale of Apples and Oranges?
Executive summary of "Counting standard contributions to measure the value of patent portfolios-A tale of apples and oranges." by Justus Baron, Researcher in Economics at Northwestern University. Full paper available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3223878
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drjustusbaron
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05/06/2020 |
globalpatentsystems patentvalue standardsfrand frandlicensing
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SEP Royalties: What Theory of Value and Distribution Should Courts Apply?
Alexander Galetovic and Stephen Haber recently published the paper SEP Royalties: What Theory of Value and Distribution Should Courts Apply?
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alexandergaletovic
stephenhaber
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05/06/2020 |
standardsfrand sdogovernanceiprpolicy franddetermination
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FRAND Determination in TCL v. Ericsson and Unwired Planet v. Huawei: Same Same But Different?
Peter Georg Picht has published the paper “FRAND determination in TCL v. Ericsson and Unwired Planet v. Huawei: Same same but different” in which he focuses on the treatment of the two approaches in FRAND calculation: “top-down” and “comparable licenses”.
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profpeterpicht
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05/06/2020 |
standardsfrand franddetermination
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4 Reasons 4 Design Rights
This flyer developed by 4iP Council in collaboration with the ASTP, EUIPO, The European IP Helpdesk, GRUR, INPI, INTA and IPAN is part of a series of materials designed to help small businesses and innovators get the most from intellectual property. It is available as an interactive guide with orientation links, case references, facts etc. in our 4SMEs website area.
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4ipcouncil
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03/06/2020 |
smes infographics trademarksampdesignrights
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The status and acceleration of green technology innovation in Europe and beyond
Addresses green technology inventors, entrepreneurs, companies, academia, research organisations and government organisations looking for insight and expertise on green innovation evolution, strategy and business networking.
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drpeteroksen
tamarananayakkara
arnauddelafouchardiegravere
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06/05/2020 |
globalpatentsystems newtechnologies smes webinar
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4 Reasons 4 Trademarks
This flyer developed by 4iP Council in collaboration with the ASTP, EUIPO, The European IP Helpdesk, GRUR, INPI, INTA and IPAN is part of a series of materials designed to help small businesses and innovators get the most from intellectual property. It is available as an interactive guide with orientation links, case references, facts etc. in our 4SMEs website area.
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4ipcouncil
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21/04/2020 |
smes infographics trademarksampdesignrights
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Why each company should have an effective IP strategy
In this webinar Axel Ferrazzini reviews the different types of intellectual property (IP) and the main differences between them. He also talks about the value of knowing your IP assets and having a strategic plan to use them, covering strategies for leveraging value from patents in particular. The interactive guides on intellectual property types and benefits shown in this presentation can be consulted in the 4SMEs area of this website.
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axelferrazzinimba
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02/04/2020 |
globalpatentsystems smes copyright trademarksampdesignrights webinar
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Mandatory Patent Pools
In this student contribution to 4iP Council's research, the authors explain the link between patent pools and standardisation in telecommunications and analyse the potential impact of mandatory pools for innovation. Patent pools are often perceived as a significant tool for widespread innovation. Yet, they can also lead to monopolistic behavior. In practice, patent pools are used by some stakeholders as a tool to organise the licensing of standard essential patents. Thus, pools are encouraged by the European Commission, especially for the information and communication technology (ICT) field with complex products incorporating multiple patents. Yet, to be efficient and pro-competitive, pools need to fulfill certain conditions.
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lucamaggioni
dianamarin
lauranataliamoralescharry
paoloorlando
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26/03/2020 |
standardsfrand patentpools studentresearchcontributions
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SSPPU vs. EMVR
In this student contribution to 4iP Council's research, the authors focus on two different methodologies (for the calculation of royalties): Smallest Salable Patent-Practicing Unit (SSPPU) and Entire Market Value Rule (EMVR). They first introduce an overview of what surrounds the discussion, which institutions are involved in the patent ecosystem, as well as where the SSPPU vs. EMVR discussion arises. They then address the theoretical background of the SSPPU creation and evolution, focusing on the economic disadvantages of SSPPU. Furthermore, they list the consequences of applying a too low basis, mainly attempting to clarify the drawbacks of applying SSPPU.
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mirzausamabaig
ingramarangoni
tuccedileoumlzkepir
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26/03/2020 |
globalpatentsystems patentvalue standardsfrand sdogovernanceiprpolicy studentresearchcontributions
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4 Reasons 4 Copyright
This flyer developed by 4iP Council in collaboration with the ASTP, Bournemouth University, The European IP Helpdesk, GRUR and IPAN is part of a series of materials designed to help small businesses and innovators get the most from intellectual property. It is available as an interactive guide with orientation links, case references, facts etc. in our 4SMEs website area.
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4ipcouncil
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23/03/2020 |
smes infographics copyright
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What is intellectual property?
This document developed by 4iP Council for start-ups and SMEs explains the difference between forms of intellectual property. It is available in an interactive format in our 4SMEs area. The interactive version provides useful links, orientation and additional information.
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4ipcouncil
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12/03/2020 |
smes infographics
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How do I use intellectual property to grow my business?
This document developed by 4iP Council for start-ups and SMEs explains how intellectual property can be used as a strategic asset. It is available in an interactive format in our 4SMEs area. The interactive version provides useful links and additional information.
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4ipcouncil
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12/03/2020 |
smes infographics
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What you need to know about copyright and social media
Addresses the remit of social media - how it is being used and what that means in relation to counterfeit goods; how copyright works on social media; copyright infringement on social media; the terms and conditions of social media platforms; social media in education.
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drhayleighbosher
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24/02/2020 |
copyright webinar
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FRAND Licensing Levels Under EU Law
This summary paper investigates whether EU or national law provide legal authority to impose a direct or indirect obligation on Standard Essential Patent (“SEP”) holders to license at all levels of the value chain, including at component level (“license to all”, hereafter LTA). Extensive analysis of EU text and case-law (general principles of EU law, patent, contract and competition laws) suggests that there are only very limited doctrinal grounds to impose an LTA obligation on SEP holders that made a FRAND commitment. Similarly, French contract law – which applies to FRAND-committed SEP before the European standard setting organisation ETSI – does not give rise to a legal basis for the introduction of a ‘license to all’ regime. In the rare cases where licensing obligations might be imposed on SEP holders, these would effectively be akin to compulsory licensing, where public policy calls for restraint. The full version of this paper may be found on the SSRN website.
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profjeanseacutebastienborghetti
drigornikolic
profnicolaspetit
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04/02/2020 |
standardsfrand frandlicensing webinar
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The Value of Connectivity in the Automotive Sector
This report explores the actual value that connectivity in vehicles can bring to society and the different sectors affected. Connectivity is one of the four critical mega-trends facing the automotive industry. These trends are autonomous driving, shared mobility and electrification, yet connectivity is both separate and integrated to these other mega-trends. The importance of connectivity is therefore fundamental to the future evolution of the industry.
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drbowmanheiden
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31/01/2020 |
standardsfrand franddetermination sectorspecific automotive iot webinar
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Pirates of the 3D Realm: strategies for IP protection from the widespread adoption of additive manufacturing by consumers
Additive manufacturing is a pillar of the 4.0 industry. As it goes for other technologies throughout history, the cost of a 3D printing machine will sink lower and lower, and the accessibility to these machines by consumers will enable them to print with a vast array of materials, thus enabling them to print whatever they would previously buy, in a physical store or from an online retailer. It will be easy to infringe on an IP right with only a cheap 3D printing machine and a digital file from which the machine can take the necessary instructions. This paper considers the IP implications of this evolution and explores the various policies available, or that could be easily available with simple adjustments to current laws, to protect IP rights from the risks associated with the widespread adoption of additive manufacturing by consumers.
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alessandroburro
peterschramm
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27/01/2020 |
enforcement trademarksampdesignrights studentresearchcontributions webinar
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The SME Prophesee; its advanced neuromorphic vision system and patent strategy
Founded in 2013, Prophesee is a start-up based in Paris which has created the most advanced neuromorphic vision system in the world. Inspired by human vision and built on the foundation of neuromorphic engineering, Prophesee is a revolutionary system that gives Metavision to machines, enabling them to react much more intelligently, autonomously, faster and safer than before. This short case study outlines Prophesee's patent strategy.
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fernandadonairpassoni
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27/01/2020 |
sectorspecific smes studentresearchcontributions
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Intellectual property from the perspective of a venture capitalist
Addresses the range of attributes investors look for and the role of IP in investment decision-making. Also covers pitfalls and challenges in relation to IP and real world examples – good and bad.
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drchristianschneider
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21/11/2019 |
globalpatentsystems smes webinar
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Market success for inventions - Patent Commercialisation Scoreboard: European SMEs (Key findings)
This European Patent Office study covers the ability of European small and medium-sized enterprises to bring inventions covered by European patents to market. The study shows that SMEs typically rely on European patents to protect high-potential inventions. Up to two thirds of these inventions are commercially exploited – around half exclusively by an SME itself and half with a partner, usually from another European country. European patents make this process much easier by providing protection in up to 44 different national markets. By analysing the patent commercialisation practices of European SMEs, the study offers policymakers valuable insights into the challenges facing these key players in European innovation ecosystems.
The study is the first of a series of scoreboards dedicated to the market success of European patents. See the full report here: https://www.epo.org/service-support/publications.html#tab1
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European Patent Office
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11/11/2019 |
globalpatentsystems patentvalue enforcement smes
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An economic approach to antitrust analysis of discriminatory licensing, grant backs and cross-licenses, no-challenge clauses, and patent thickets (Full paper)
By Jorge Padilla of Compass Lexecon and Koren W. Wong-Ervin of Qualcomm Inc. The is paper was first published in Concurrences Review, N° 3-2019. https://www.concurrences.com/90983
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drjorgepadilla
korenwwongervin
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23/10/2019 |
competition standardsfrand frandlicensing enforcement
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From idea to profit: Learn to leverage your intellectual property
Addresses types of IPR, how they differ and pathways to follow. Also covers the strategic value of IPRs and why timing matters, strategies to help grow your business using IPRs and provides useful resources and orientation.
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drbegontildeagonzalezotero
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17/10/2019 |
smes copyright trademarksampdesignrights webinar
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4iP Council's Contribution to DG COMP Evaluation of Block Exemption Regulation for Horizontal Cooperation Agreements
This input from 4iP Council may also be consulted on the European Commission's website at the following link: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2019-4715393/feedback/F473570_en?p_id=5763121
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4ipcouncil
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04/10/2019 |
competition policybrief
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Key findings - Intellectual property rights intensive industries and economic performance in the European Union. (September 2019)
This joint study by the EPO and the European Union Intellectual Property Office (EUIPO) analyses the contribution of IPR-intensive sectors to the EU economy. It covers all major IP rights (patents, trade marks, designs, copyright, geographical indications and plant varieties), identifies which industries make above-average use of them and quantifies the contribution of these IPR-intensive industries to major macro-economic variables (employment, wages, GDP, and trade) from across the EU as well as from Switzerland, Norway and Iceland. The study provides comprehensive and robust data, as well as a solid evidence base for policymakers. For the full report visit the EPO website: https://www.epo.org/service-support/publications.html?pubid=201#tab3.
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European Patent Office
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01/10/2019 |
globalpatentsystems copyright trademarksampdesignrights
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How do universities and non-profit inventions contribute to gross output?
In this overview Prof. Dr. Koenraad Debackere of K.U. Leuven reflects on the AUTM Report: "The Economic Contribution of University/Non-profit Inventions in the United States: 1996-2017". The report finds that the total contribution of U.S. academic licensors to industry gross output between 1996 and 2017 range from $723 billion to $1.7 trillion (in 2012 USD) and the contributions to gross domestic product (GDP) range from $374 billion to $865 billion (in 2012 USD). In addition, the report estimates that the total number of person years of employment supported by the academic licensors’ licensed-product sales range from 2.676 million to 5.883 million during the 22-year period. Debackere presents the case for undertaking empirical studies on university innovation in other countries to support evidence-based policy making.
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profkoenraaddebackere
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20/09/2019 |
competition newtechnologies sectorspecific publicsector
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Patents fuel daring flying exploits: How French company Zapata took to the air
Former start-up, Zapata, is developing valuable technology and building a successful technological arsenal around patents. This article, by Fernanda Passoni, student on the L.L.M of Internet Technology at Bocconi University and 4iP Council intern, summarises the company's progress and approach.
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fernandadonairpassoni
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11/09/2019 |
standardsfrand frandlicensing smes studentresearchcontributions
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Revitalising European Inventiveness: Recommendations for the European Commission 2019-2024
The new European Commission will be facing a significant set of global, regional and European challenges. One of these will be to help reinvigorate the European economy and to ensure that the benefits of competitive forces flow to European society and citizens. In this Note we highlight recommendations to support European inventiveness and innovation. Invention and innovation are forces that stand at the foundation of Europe’s economic potential. In particular, this Note focuses on the role of patent rights and does so for two reasons; they are the basis of many of the value chains identified by the Commission and Member States as core to the EU’s future welfare; and they are the rights that require the most rigorous assessments before being recognised and protected.
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4ipcouncil
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25/06/2019 |
globalpatentsystems policybrief
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The Extraterritorial Enforcement of IPR Rulings: Coming Soon?
This 4iP Council briefing paper highlights areas of concern in relation to the Convention on the Recognition and Enforcement of Foreign Judgements in Civil or Commercial Matters proposed by the Hague Conference on International Law (HCCH).
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4ipcouncil
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07/06/2019 |
enforcement policybrief
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High-growth firms and intellectual property rights. IPR profile of high-potential SMEs in Europe, May 2019
This study assesses whether SMEs that make more frequent use of IPRs are more likely to become high-growth firms (HGF). It also examines the particular ways in which HGFs shape their IPR strategies prior to experiencing high growth.
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European Patent Office
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24/05/2019 |
globalpatentsystems smes
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4 Reasons to Patent
This flyer aims to help European SMEs unlock all the value of patents and is also available in an on-line interactive version within our 4SMEs section. It was developed by 4iP Council's broad network of academics and supporters with content input from seven well known IP stakeholders. The work identifies four key benefits to patenting - market access, negotiating, funding and strategic value - and breaks these down simply into methods for value-creation.
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4ipcouncil
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21/05/2019 |
globalpatentsystems smes infographics
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Injunctions in European Patent Law
The paper covers the legal basis for the discussion on proportionality within TRIPS, European law as well as in selected European jurisdictions, focusing on Germany. It provides an outlook on whether the demand for legislative action is justified. An understanding of the legal background for the proportionality discussion within TRIPS, European law and selected European jurisdictions is offered as well as perspective on the proportionality discussion and its implications concerning the patent system as a whole. The paper was developed by Prof. Tochtermann as a resource supporting the 4iP Council webinar she presented on 14 May 2019 (see our Webinar page). It is a short version of the paper entitled ‘Injunctions in European Patent Law’ published January 2020 in ZGE/IPJ - Zeitschrift für Geistiges Eigentum/Intellectual Property Journal which is available in english and german at https://www.mohrsiebeck.com/artikel/injunctions-in-european-patent-law-101628zge-2019-0018.
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profleatochtermann
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14/05/2019 |
enforcement webinar
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Patents in the Fashion Industry
Axel Ferrazzini, Managing Director, 4iP Council
This article which appeared in the IPR Helpdesk Bulletin, Issue 29, April-June 2018 page 6, explores the growing use of patents in the fashion industry covering why and how they are being used.
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axelferrazzinimba
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24/04/2019 |
globalpatentsystems sectorspecific smes
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Standardisation and SEP Licensing: A EU Policy Perspective, The Interplay Between Competition Law and Intellectual Property – An International Perspective
This essay by Ginevra Bruzzone and Sara Capozzi is published in G. Muscolo and M. Tavassi (eds.), The Interplay Between Competition Law and Intellectual Property – An International Perspective, Wolters Kluwer, 2019.
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ginevrabruzzone
saracapozzi
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24/03/2019 |
competition standardsfrand frandlicensing
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Trends in patenting
Infographic summarising key patenting trends at the EPO in 2018
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European Patent Office
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11/03/2019 |
globalpatentsystems infographics
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Gender Diversity in IP Law
For International Women's Day 2019, 4iP Council partnered with Managing IP to explore themes of diversity and women and innovation in Europe and beyond. This post-survey report provides an overview of what respondents had to say and includes interviews with women working in the IP field.
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4ipcouncil
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08/03/2019 |
globalpatentsystems
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Economic efficiency and field-of-use pricing of SEP licenses under FRAND terms
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.
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dreskilullberg
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27/02/2019 |
competition standardsfrand franddetermination smes webinar
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Unwired Planet v Huawei: the UK Court of Appeal’s judgment. Webinar slides presented by the Rt. Hon. Sir Robin Jacob and Richard Vary
This webinar took place on 13 February 2019 and offered a summary of this significant court decision, detail on the contract law basis for FRAND and a discussion on the jurisdiction issues surrounding a national court determining global FRAND rates.
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sirrobinjacob
richardvary
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13/02/2019 |
competition standardsfrand frandlicensing webinar
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The examination of computer implemented inventions and artificial intelligence inventions
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.
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drjeanmarcdeltorn
andrewthean
markusvolkmer
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04/02/2019 |
globalpatentsystems newtechnologies artificialintelligence
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What is artificial intelligence and why does it matter for Copyright
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.
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anastasiyakiseleva
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29/01/2019 |
newtechnologies artificialintelligence enforcement studentresearchcontributions
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Blockchain and Copyright Issues
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.
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maximiliankiemle
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29/01/2019 |
enforcement copyright studentresearchcontributions
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Patent Quality: Does One Size Fit All?
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.
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nainakhanna
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29/01/2019 |
globalpatentsystems enforcement studentresearchcontributions
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Portability in Datasets under Intellectual Property, Competition Law, and Blockchain
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.
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bjoumlrnlundqvist
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23/01/2019 |
competition artificialintelligence copyright
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A FRAND Regime for Dominant Digital Platforms
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.
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mathewheim
drigornikolic
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16/01/2019 |
competition standardsfrand sdogovernanceiprpolicy smes webinar
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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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axelferrazzini
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05/12/2018 |
opensource standardsfrand sdogovernanceiprpolicy frandlicensing
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Evaluating the EC Private Data Sharing Principles: Setting a Mantra for Artificial Intelligence Nirvana?
This article talks to recent European Commission communications on data trading and artificial intelligence with a focus on the Commission's “Guidance on Sharing Private Sector Data in the European Economy” which came with a working document: “Guidance on Sharing Private Sector Data in the European Data Economy”. Do these principles set a viable legal framework for data sharing or this public policy tool is merely a naïve expectation? Moreover, would these principles set a successful path toward a thriving European AI advancement? The author tries to sketch some answers to these and related questions.
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drbegontildeagonzalezotero
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04/12/2018 |
competition newtechnologies artificialintelligence
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Standardisation, Open Source, and Innovation: Sketching the Effect of IPR Policies
This summary report explores the following questions: “What are the differences between standards development organisations (SDOs)’ IPR policies and open source licenses in dealing with IPRs?” “What frictions may arise from such differences in their interactions?” “Whether the current IPRs framework of formal SDOs is adequate to embrace OSS?”.
This summary is drawn from the following paper: Husovec, Martin, Standardization, Open Source, and Innovation: Sketching the Effect of IPR Policies (July 18, 2018). Forthcoming in Jorge Contreras (eds.) Cambridge Handbook of Technical Standardization Law (CUP 2019); TILEC Discussion Paper No. 2018-034. Available at SSRN: https://ssrn.com/abstract=3215769
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martinhusovec
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04/12/2018 |
opensource standardsfrand frandlicensing copyright
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Intellectual property licensing tensions: in utilizing open source software in the formal standard setting context
This summary report explores the following questions: “What are the differences between standards development organisations (SDOs)’ IPR policies and open source licenses in dealing with IPRs?” “What frictions may arise from such differences in their interactions?” “Whether the current IPRs framework of formal SDOs is adequate to embrace OSS?”. It is drawn by the author from a paper first published by the ITU: J. Li, "Intellectual property licensing tensions in incorporating open source into formal standard setting context — The case of Apache V.2 in ETSI as a start," 2017 ITU Kaleidoscope: Challenges for a Data-Driven Society (ITU K), Nanjing, 2017, pp. 1-8. The paper is available for download in the IEEE document library. An extended version of the paper has been submitted to the European Journal of Law and Technology and will available under SSRN.
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jingzeli
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04/12/2018 |
competition opensource standardsfrand frandlicensing
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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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mariebarani
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03/12/2018 |
globalpatentsystems standardsfrand sdogovernanceiprpolicy frandlicensing
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The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.
Die Erstveröffentlichung dieses Aufsatzes erfolgte in der Zeitschrift „Mitteilungen der deutschen Patentanwälte“, Heft 09/2018, S. 369, herausgegeben vom Vorstand der Patentanwaltskammer, erschienen bei Wolters Kluwer Deutschland – Carl Heymanns Verlag
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siruwescharen
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01/12/2018 |
globalpatentsystems competition enforcement
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The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent
This paper looks at the practice of the German courts regarding the provision of injunctive relief to patent holders. After a brief analysis of the German substantive law governing patent holders’ claims for injunctive relief, the author presents the legal remedies available to the patent holder under German law for protecting and enforcing such claims. It was first published:
- in German in the journal "Mitteilungen der deutschen Patentanwälte“, Issue 09/2018, page 369, which is edited by the Board of the German Chamber of Patent Attorneys (Patentanwaltskammer) and published by Wolter Kluwer Deutschland – Carl Heymanns Verlag.
- in English in the "Journal of Intellectual Property Law & Practice", Oxford University Press, jpy127, https://doi.org/10.1093/jiplp/jpy127
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siruwescharen
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01/12/2018 |
globalpatentsystems enforcement
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Proprietary vs. Open Standards
This paper examines the benefits and risks attached to implementing open or proprietary standards, both from the companies’ and the consumers’ perspective. It first appeared in IAM Issue 92, published by Globe Business Media Group - IP Division. To view the issue in full, please go to www.IAM-media.com.
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paulzubrinich
kristinamedow
anastasiakolganova
moritzmuumlller
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01/12/2018 |
competition opensource standardsfrand sdogovernanceiprpolicy newtechnologies
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Industry challenges after recent case-law on confidentiality of FRAND agreements
More than three years after the CJEU’s decision in Huawei v ZTE, the EU Member States’ courts are still working out aspects of the FRAND-licensing of standard-essential patents. Important post-Huawei v ZTE decisions have clarified some issues while other questions remain open. An urgent example is confidentiality and the procedural handling of license agreements containing non-disclosure clauses. This webinar provides an update on SEP/FRAND case law and an overview on the most important court decisions.
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profpeterpicht
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22/11/2018 |
competition standardsfrand webinar
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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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drclaudiatapia
drspyrosmakris
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28/06/2018 |
standardsfrand frandlicensing
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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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drrobinstitzing
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01/06/2018 |
newtechnologies smes iot
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Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law
The article attempts to identify what 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 article specifically focuses on the application of competition law vis-à-vis the firms included in the standardization of the Digital Economy.
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bjoumlrnlundqvist
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22/02/2018 |
competition standardsfrand sdogovernanceiprpolicy iot
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Patent ambush: the commitment decision of the European Commission in the Rambus case
This paper analyses the issues that have risen while assessing patent ambush under Art. 102 of the Treaty on the Functioning of the European Union (TFEU) in the Rambus case. It examines the concept of de jure standard-setting before the SSOs and discusses the notion of patent ambush in the process of standardisation as an infringement of the EU competition law.
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drjurgitarandakeviciute
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22/01/2018 |
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Success of university inventions
The study explores three questions on the success of patented university inventions in Germany. How successful are patented university inventions from a business perspective? How successful are patented university inventions from a societal perspective? What would be suitable measures to increase the success of patented university inventions?
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michaelkrause
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22/01/2018 |
globalpatentsystems sectorspecific publicsector studentresearchcontributions
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The role of intellectual property in the intelligence explosion
This article examines the future legal challenges of Intellectual Property related to Artificial Intelligence (AI), highlighting the role that AI can play in increasing the pace and scope of innovation to meteoric levels. While AI is making inroads into intellectual property by improving search and retrieval efficiency into IP offices it poses some threats from which existing laws leave us unprotected. The article argues that the IP legal framework needs to adapt to thorny issues of ownership and patenting in the AI era if delay in reaping the benefits of this new age is to be avoided.
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andreamoriggi
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22/01/2018 |
newtechnologies artificialintelligence iot studentresearchcontributions
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Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On
This article discusses positive and negative effects of PAEs’ patent assertions raised in literature and the assertion of standard essential patents by PAEs as well as the problematic surrounding patent privateering. The article aims to demonstrate that PAEs are not a unitary phenomenon, but adopt many different business models. It shows that it is incorrect to label all PAEs as “bad” and to devise rules that would be aimed at this one particular category of patent holders. It also shows that, in the SEP context, competition law is not an appropriate remedy and that PAEs do not have the ability to charge excessive royalties for SEPs.
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drigornikolic
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22/01/2018 |
competition standardsfrand sdogovernanceiprpolicy frandlicensing studentresearchcontributions
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Signs of Convergence between the US and Europe on Law and Policy relating to Standard Essential Patents?
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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vincentangwenyi
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11/12/2017 |
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Patent rights in a climate of intellectual property rights skepticism - Summary
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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haristsilikas
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05/12/2017 |
globalpatentsystems
View >
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Access to All infographic
Infographic comparing the differences and efficiencies between Access to All and License to All
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4ipcouncil
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27/11/2017 |
standardsfrand frandlicensing infographics iot
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Copyright in the digital environment: the DSM strategy and the challenges ahead
This paper seeks to identify some shared views and provide a useful benchmark for policy making on the topic of the digital transformation and the EU legal framework for copyright and related issues.
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ginevrabruzzone
saracapozzi
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03/11/2017 |
globalpatentsystems copyright iot
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SMEs and Standard Essential Patents: Licensing Efficiently in the Internet of Things
This article first appeared in les Nouvelles - Journal of the Licensing Executives Society, Volume LII No. 4, September 2017. Available at SSRN: https://ssrn.com/abstract=3009039
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haristsilikas
drclaudiatapia
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18/09/2017 |
standardsfrand frandlicensing smes iot
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Development of innovative new standards jeopardised by IEEE patent policy
This paper assesses the practical impact of changes made by the IEEE to its patent policy in March 2015. According to the IEEE, these changes were aimed at protecting implementers from potential ‘patent holdup’. The paper makes an empirical assessment of the most recent available data and demonstrates that a large proportion of technology contributors to IEEE standardisation efforts are unwilling to provide 'positive' Letters of Assurance and are not being willing to grant access to patented technology under the terms of the IEEE's new patent policy. As a result, delays in adopting or implementing IEEE standards and litigation are foreseen, unless clarity and certainty around licensing terms are restored.
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keithmallinson
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07/09/2017 |
globalpatentsystems patentvalue standardsfrand
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Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout”
This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.
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drbowmanheiden
profnicolaspetit
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07/09/2017 |
standardsfrand sdogovernanceiprpolicy enforcement
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Patent invalidation and legal certainty – What can patent holders expect?
Abstract: Germany is one of Europe’s most important patent centres: as regards patent grants and also as regards patent infringements. This may be why the German patent scene in the last two years has been looking at the success rates of nullity suits filed with the German Federal Patent Court (BPatG) – under two different aspects: In 2014, a first legal article concentrated on the problem of lack of legal certainty for patent holders and on investment risks posed by the seemingly boundless possibilities for challenging patents in nullity proceedings. The article called for these risks to be addressed more carefully, not to the least in view of Art 14 German Grundgesetz (GG), which safeguards the right to property. Another article from the same year, motivated more along the lines of innovation theory, took said success rates as a reason to fundamentally criticise patents under the provocative title “Why most patents are invalid”. This article scrutinised both, individual points within the criticism, as well as allegedly far-reaching conclusions regarding patents at large. According to industry reports, these conclusions have been affecting patent value, and they also may pose a threat to the system as such – unjustly so, as this article will show!
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profchristophann
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20/03/2017 |
globalpatentsystems patentvalue
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Low-Quality Patents in the Eye of the Beholder: Evidence from Multiple Examiners
In this paper, the authors propose a new way of measuring patent quality, based on twin patent applications granted at one office but refused at another office, applied to the five largest patent offices. This method allows to distinguish low-quality patents issued because an office has a low standard from patents issued in violation of an office’s own standard, however high or low (so-called ‘weak patents’ in the scholarly literature). The results suggest that quality in patent systems is higher than previously thought; in particular the percentage of ‘weak’ patents is in single digits for all offices, although the U.S. patent office’s performance is poorer than those of Europe and Japan.
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4ipcouncil
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07/03/2017 |
globalpatentsystems patentvalue
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High quality of Patents in Europe - infographic
4iP Council has consolidated available data on patents in Germany in 2015 to provide a fresh picture on invalidity rates. This work takes the shape of an infographic and follows the recent publication of numerous papers by eminent authors radically overturning an assumption that patent invalidity rates in Europe are high. In 2015, just 1 in 17,500 (0.006%) of all patents in force in Germany were declared invalid by a court. Research findings show similar results for patents in other jurisdictions.
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4ipcouncil
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13/01/2017 |
globalpatentsystems patentvalue infographics
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Intellectual Asset Management (IAM) magazine joins the discussion on patent quality
Intellectual Asset Management (IAM) magazine’s Nov/Dec issue features a new article by Claudia Tapia, Director IP Policy at Ericsson and 4iP Council Chair on the importance of patent quality in Europe, how it is achieved and the interpretation of invalidity rates. The article, shared below, examines invalidity rates worldwide and provides a careful empirical examination of patent assessments at the German Federal Patent Court. The evaluation of statistics presented in the article clearly suggests that there is no problem with patent quality patents in Europe. Indeed, the situation is quite the contrary.
This article first appeared in IAM issue 80, published by Globe Business Media Group - IP Division. To view the issue in full, please go to www.iam-media.com.
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drclaudiatapia
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06/12/2016 |
globalpatentsystems patentvalue smes
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Lessons from Huawei v. ZTE
This paper first summarises the Huawei judgment and what Huawei decides in practice relating to the availability of injunctive relief for SEPs. The principal national case law since the Huawei decision is then reviewed. Finally, some matters left unresolved by Huawei are examined and the authors consider whether further action by the Commission is necessary, including in the context of the pending review of the IPR Enforcement Directive (“IPRED”). The authors consider whether it would be desirable for the European Commission to issue some form of official guidance, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.
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sirrobinjacob
alexandermilner
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16/11/2016 |
competition standardsfrand sdogovernanceiprpolicy frandlicensing
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Restrictions to patent enforcement
This article critically analyses the arguments put forward that the patent and its enforcement limit competition, differentiating between SEP and non-SEP. It further analyses the potential need for regulatory intervention in the litigation system and the expected consequences of such potential intervention on competition, investments, research and development activities and innovation.
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4ipcouncil
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25/10/2016 |
standardsfrand sdogovernanceiprpolicy enforcement
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Collaborative standardisation and disruptive innovation: summary paper developed by Haris Tsilikas, Max Plank Institute, for 4iP Council.
This paper is a short version of the paper with reference “Haris Tsilikas, Collaborative Standardization and Disruptive Innovation: The Case of Wireless Telecommunication Standards, Max Plank Institute for Innovation and Competition Research Paper No. 16-06, 17 May 2016, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2783372
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haristsilikas
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13/09/2016 |
standardsfrand newtechnologies artificialintelligence
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Impact of perceived high invalidity rates on business and innovation
The Patent Lawyer has published a paper on the impact of perceived high invalidity rates on business and innovation authored by 4iP Council Chairwoman and Director of Intellectual Property Policy at Ericsson, Claudia Tapia.
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drclaudiatapia
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04/07/2016 |
globalpatentsystems patentvalue
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Principles for Research in Patent Markets
Much attention has been devoted to what might be broadly called the “patent market” and how it is performing. Some have opined that the patent system is “chaotic” and “not fit for purpose,” and therefore in need of great reform...
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4ipcouncil
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10/03/2016 |
globalpatentsystems
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Patent-Pricing
The Smallest Salable Patent-Pricing Unit experiment, general purpose technologies and the Coase theorem.
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profnicolaspetit
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15/02/2016 |
standardsfrand frandlicensing
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How to protect local R&D in Brazil, Russia, India, China?
This article covers recent, detailed research by The University of St. Gallen on the motivation for and nature of western R&D investments in emerging markets.
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florianhomann
profdrmartinabader
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10/02/2016 |
enforcement
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Valuing SEPs in the Knowledge Economy
Focuses on a comparative assessment of the standard essential patent (SEP) valuation models of four recent SEP court cases in the US in 2013-14 and discusses their systemic implications for industry and policy makers.
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drbowmanheiden
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03/12/2015 |
standardsfrand sdogovernanceiprpolicy franddetermination iot
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Re-evaluating Patent Damages in the Knowledge Economy
Investigates the applicability and implications of the current legal norms for the choice of royalty base in relation to the prevailing market norms regarding SEP transactions in the telecommunication industry. This article was published in the Criterion Journal on Innovation in September 2016. https://www.criterioninnovation.com
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drbowmanheiden
jensandreasson
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03/12/2015 |
standardsfrand sdogovernanceiprpolicy frandlicensing enforcement iot
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IPR Policy as Strategy. The Battle to Define the Meaning of FRAND
Addresses the ongoing battle to define the meaning of F/RAND as a key institution in determining the value of standard essential patents (SEPs) and the transformation of the telecommunication industry in the emerging knowledge economy.
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drbowmanheiden
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03/12/2015 |
standardsfrand sdogovernanceiprpolicy
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The Viability of FRAND: How the Seminal Microsoft Ruling Could Impact the Value of Standard Essential Patents and the Future of Telecom Standards
Using the landmark Microsoft ruling, this paper addresses the viability of F/RAND policies to regulate the equilibrium between patent holdup and freeriding (or patent holdout) in the context of telecommunication standards.
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drbowmanheiden
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03/12/2015 |
standardsfrand sdogovernanceiprpolicy franddetermination enforcement
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The varied multiple functions of patents
This paper details, through the use of recent examples, ten different ways businesses can benefit from patents other than by practising them.
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4ipcouncil
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11/11/2015 |
globalpatentsystems frandlicensing enforcement
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The economic impacts of computer-implemented inventions at the European Patent Office
This study analyses how a change in the patent system towards abolishing patent protection for computer-implemented inventions would affect the international competitiveness of German and European firms.
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drrainerfrietsch
drpeterneuhaumlusler
profklausjuumlrgenmelullis
oliverrothengatter
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26/06/2015 |
globalpatentsystems standardsfrand
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Patent = monopoly: a legal fiction
This paper explores terminological confusion and historical misunderstanding of ’monopoly’ rights in patent law as distinct from the meaning of a market monopoly in antitrust theory.
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drsvenbostyn
profnicolaspetit
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25/03/2015 |
globalpatentsystems competition standardsfrand
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Stealth Licensing
This paper traces the expansion of ‘stealth licensing’ by regulatory bodies and explores its implications on company R&D investments in Europe.
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profnicolaspetit
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25/03/2015 |
standardsfrand frandlicensing policybrief
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