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.

Research, analysis and commentary


Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law

by Björn Lundqvist

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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Categories: Standardisation, IP and Competition Law, Digital Single Market

Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On

by Igor Nikolic, PhD researcher in law at the University College, London

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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Categories: IP Enforcement, Standardisation, IP and Competition Law

The role of intellectual property in the intelligence explosion

by Andrea Moriggi, LL.M. candidate, law of internet technology at Bocconi University, Italy

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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Categories: Patent System and Patent Quality, IP and Competition Law

Success of university inventions

by Michael Krause, PhD researcher at Technische Universität München, Germany

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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Categories: Patent System and Patent Quality, Licensing

Patent ambush: the commitment decision of the European Commission in the Rambus case

by Jurgita Randakeviciute, PhD Candidate at Vilnius University Faculty of Law, Lithuania

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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Categories: Standardisation, IP and Competition Law