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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.
Access Artificial intelligence and data Business models Cyber-physical systems Digital platforms Digital Single Market European Commission FRAND Industry 4.0 Infographics Internet of things (IoT) IP and Competition Law IP Enforcement IP management Legislation Licensing Open Source software Patent strategy Patent System and Patent Quality Policy Regulation SMEs Standardisation Trade Law and Regulation
Research, analysis and commentary
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: Digital Single Market, Licensing, Standardisation
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: IP Enforcement, Patent System and Patent Quality, SMEs
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.
Categories: Digital Single Market, IP and Competition Law, Standardisation
Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On
by Igor Nikolic, PhD researcher in law at the University College, London
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.
Categories: IP and Competition Law, IP Enforcement, Standardisation
The role of intellectual property in the intelligence explosion
by Andrea Moriggi, LL.M. candidate, law of internet technology at Bocconi University, Italy
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.
Categories: IP and Competition Law, Patent System and Patent Quality
Success of university inventions
by Michael Krause, PhD researcher at Technische Universität München, Germany
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?
Categories: Licensing, Patent System and Patent Quality
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
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.