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Developing robust empirical research on topics related to intellectual property is at the core of 4iP Council’s work. We commission independent experts to provide robust data and information, as well as analysis, on the complex correlation between investment, invention, innovation, employment and social and economic success. Our research is conducted in accordance with agreed methodological principles.
Patent System and Patent Quality SMEs IP Enforcement Standardisation Licensing IP and Competition Law Trade Law and Regulation Digital Single Market Infographics Open Source software Artificial intelligence and data Digital platforms European Commission FRAND Policy Legislation Regulation Access
Research, analysis and commentary
Evaluating the EC Private Data Sharing Principles: Setting a Mantra for Artificial Intelligence Nirvana?
by Dr. Begoña Gonzalez Otero. IP Researcher and Consultant
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.
Categories: Digital Single Market, Artificial intelligence and data
The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent
by Uwe Scharen - Former Presiding Judge at the Federal Court of Justice of Germany.
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
The practice of claiming a court injunction ordering an implementer to cease and desist from infringing a patent - German version.
by Uwe Scharen, Former Presiding Judge of the Federal Court of Justice in Germany. 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
Proprietary vs. Open Standards
by Paul Zubrinich, Kristina Medow, Anastasia Kolganova, Moritz Müller, and João Hierro Technical University of Berlin.
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.
Categories: Standardisation, Licensing, Digital Single Market
Are PAEs a Threat to Europe?
by Igor Nikolic
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.
Categories: Patent System and Patent Quality, SMEs, IP Enforcement
Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law
by Björn Lundqvist
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.