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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.
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Research, analysis and commentary
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?
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”.
Mandatory Patent Pools
by Luca Maggioni, Diana Marin, Laura Natalia Morales Charry, Paolo Orlando and Victoire Guegan Master Students, Technical University Berlin
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.
Categories: FRAND, Standardisation, Student Contribution
SSPPU vs. EMVR
by Mirza Usama Baig, Ingra Marangoni and Tuğçe Özkepir Master Students, Technical University Berlin
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.
Categories: FRAND, Standardisation, Student Contribution
FRAND Licensing Levels Under EU Law
by Jean-Sébastien Borghetti, University Paris II Panthéon-Assas; Igor Nikolic, University College London (UCL) and Nicolas Petit, University of Liege and the College of Europe
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.
Categories: FRAND, Licensing, Policy, Standardisation
The Value of Connectivity in the Automotive Sector - Full Report
by Prof. Bowman Heiden, Center for Intellectual Property (CIP), Chalmers University of Technology The Hoover Institution, Stanford University
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.
Categories: Industry 4.0, Internet of Things (IoT)
The Value of Connectivity in the Automotive Sector - A First Look (Summary)
by Prof. Bowman Heiden of the Center for Intellectual Property, Chalmers University of Technology and The Hoover Institute, Stanford University
This summary paper looks at 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.