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


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

Signs of Convergence between the US and Europe on Law and Policy relating to Standard Essential Patents?

by Vincent Angwenyi

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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Categories: Patent System and Patent Quality

Patent rights in a climate of intellectual property rights skepticism - Summary

by Haris Tsilikas, Research Associate at Max Planck Institute for Innovation and Competition Summary of a paper by the Hon. Maureen K. Ohlhausen, Acting Chairman of the US Federal Trade Commission

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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Categories: Patent System and Patent Quality, IP Enforcement, Standardisation, Digital Single Market

Patent rights in a climate of intellectual property rights skepticism - Executive Summary

by Haris Tsilikas, Research Associate at Max Planck Institute for Innovation and Competition Summary of a paper by the Hon. Maureen K. Ohlhausen, Acting Chairman of the US Federal Trade Commission

Patent rights in a climate of intellectual property rights skepticism - Executive 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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Categories: Patent System and Patent Quality, IP Enforcement, Standardisation, Digital Single Market