Research

Developing robust empirical research on topics related to intellectual property is at the core of 4iP Council’s work. We commission independent experts to provide robust data and information, as well as analysis, on the complex correlation between investment, invention, innovation, employment and social and economic success. Our research is conducted in accordance with agreed methodological principles.

Title Authors Date
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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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.
globalpatentsystems
policybrief
competition
standardsfrand
frandlicensing
webinar
globalpatentsystems
competition
standardsfrand
sdogovernanceiprpolicy
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.
trademarksampdesignrights
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.
globalpatentsystems
trademarksampdesignrights
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.
globalpatentsystems
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copyright
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webinar
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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newtechnologies
artificialintelligence
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Article by Carolina Torres-Sarmiento for the International Women's Day 2021
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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.
competition
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webinar
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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Infographic analysing patent data from 2018 to assess patent quality.
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infographics
Infographic analysing patent data from 2014-2018 to assess the commercial value of (in)validated patents
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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
globalpatentsystems
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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?
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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studentresearchcontributions
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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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.
newtechnologies
artificialintelligence
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.
globalpatentsystems
trademarksampdesignrights
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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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.
globalpatentsystems
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.
globalpatentsystems
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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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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iot
competition
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studentresearchcontributions
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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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sdogovernanceiprpolicy
policybrief
Abstract and key messages of "Open Source Software and Standards Development: Competition Law Implications".
competition
opensource
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sdogovernanceiprpolicy
webinar
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.
competition
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iot
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).
globalpatentsystems
patentvalue
standardsfrand
sdogovernanceiprpolicy
frandlicensing
studentresearchcontributions
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.
globalpatentsystems
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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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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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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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globalpatentsystems
patentvalue
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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sectorspecific
energy
studentresearchcontributions
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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webinar
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.
globalpatentsystems
policybrief
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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competition
sectorspecific
publicsector
webinar
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.
globalpatentsystems
copyright
trademarksampdesignrights
webinar
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.
copyright
webinar
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.
opensource
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enforcement
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studentresearchcontributions
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?
competition
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webinar
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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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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automotive
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Prof. Jonathan M. Barnett - Torrey H. Webb Professor of Law at the University of Southern California Gould School of Law
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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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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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Alexander Galetovic and Stephen Haber recently published the paper SEP Royalties: What Theory of Value and Distribution Should Courts Apply?
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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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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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infographics
trademarksampdesignrights
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.
globalpatentsystems
newtechnologies
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webinar
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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infographics
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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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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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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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studentresearchcontributions
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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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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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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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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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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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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automotive
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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.
enforcement
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studentresearchcontributions
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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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studentresearchcontributions
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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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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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
competition
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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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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
competition
policybrief
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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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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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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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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policybrief
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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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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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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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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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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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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Infographic summarising key patenting trends at the EPO in 2018
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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.
globalpatentsystems
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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franddetermination
smes
webinar
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.
competition
standardsfrand
frandlicensing
webinar
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.
globalpatentsystems
newtechnologies
artificialintelligence
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.
newtechnologies
artificialintelligence
enforcement
studentresearchcontributions
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.
enforcement
copyright
studentresearchcontributions
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.
globalpatentsystems
enforcement
studentresearchcontributions
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.
competition
artificialintelligence
copyright
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.
competition
standardsfrand
sdogovernanceiprpolicy
smes
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.
opensource
standardsfrand
sdogovernanceiprpolicy
frandlicensing
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.
competition
newtechnologies
artificialintelligence
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
opensource
standardsfrand
frandlicensing
copyright
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.
competition
opensource
standardsfrand
frandlicensing
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.
globalpatentsystems
standardsfrand
sdogovernanceiprpolicy
frandlicensing
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
globalpatentsystems
competition
enforcement
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
globalpatentsystems
enforcement
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.
competition
opensource
standardsfrand
sdogovernanceiprpolicy
newtechnologies
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.
competition
standardsfrand
webinar
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.
standardsfrand
frandlicensing
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.
newtechnologies
smes
iot
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.
globalpatentsystems
competition
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.
competition
standardsfrand
sdogovernanceiprpolicy
iot
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.
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?
globalpatentsystems
sectorspecific
publicsector
studentresearchcontributions
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.
newtechnologies
artificialintelligence
iot
studentresearchcontributions
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.
competition
standardsfrand
sdogovernanceiprpolicy
frandlicensing
studentresearchcontributions
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).
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.
globalpatentsystems
Infographic comparing the differences and efficiencies between Access to All and License to All
standardsfrand
frandlicensing
infographics
iot
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.
globalpatentsystems
copyright
iot
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
standardsfrand
frandlicensing
smes
iot
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.
globalpatentsystems
patentvalue
standardsfrand
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.
standardsfrand
sdogovernanceiprpolicy
enforcement
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!
globalpatentsystems
patentvalue
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.
globalpatentsystems
patentvalue
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.
globalpatentsystems
patentvalue
infographics
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.
globalpatentsystems
patentvalue
smes
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.
competition
standardsfrand
sdogovernanceiprpolicy
frandlicensing
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.
standardsfrand
sdogovernanceiprpolicy
enforcement
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
standardsfrand
newtechnologies
artificialintelligence
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.
globalpatentsystems
patentvalue
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...
globalpatentsystems
The Smallest Salable Patent-Pricing Unit experiment, general purpose technologies and the Coase theorem.
standardsfrand
frandlicensing
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.
enforcement
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.
standardsfrand
sdogovernanceiprpolicy
franddetermination
iot
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
standardsfrand
sdogovernanceiprpolicy
frandlicensing
enforcement
iot
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.
standardsfrand
sdogovernanceiprpolicy
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.
standardsfrand
sdogovernanceiprpolicy
franddetermination
enforcement
This paper details, through the use of recent examples, ten different ways businesses can benefit from patents other than by practising them.
globalpatentsystems
frandlicensing
enforcement
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.
globalpatentsystems
standardsfrand
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.
globalpatentsystems
competition
standardsfrand
This paper traces the expansion of ‘stealth licensing’ by regulatory bodies and explores its implications on company R&D investments in Europe.
standardsfrand
frandlicensing
policybrief