- The Issue
- Mathew Heim
- Rt. Hon. Sir Robin Jacob
- Dr Begoña Gonzalez Otero
- Prof. Dr. Peter Picht
- Dr Christian Schneider
- Prof. Dr. Lea Tochtermann
- Richard Vary
- Dr Hayleigh Bosher
- Dr Eskil Ullberg
- Dr. Peter Oksen
- Arnaud de la Fouchardière
- Tamara Nanayakkara
- Prof. Nicolas Petit
- Dr. Igor Nikolic
- Prof. Jean-Sébastien Borghetti
- Dr. Bowman Heiden
- Case Law Search
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 Student Contribution Trade Law and Regulation
Research, analysis and commentary
A FRAND Regime for Dominant Digital Platforms
by Mathew Heim and Igor Nikolic
This study explores how European policy and legislation has traditionally applied the ‘fair, reasonable and non-discriminatory’ or FRAND regime in order to ensure access to critical goods or services. This regime provides inspiration in the on-going debate around dominant digital platforms. The authors of this paper are Mathew Heim, Tanfield Chambers and Dr. Igor Nikolic, University College London.
Standardisation, Open Source, and Innovation: Sketching the Effect of IPR Policies
by Martin Husovec. Assist. Professor, Tilburg University (Tilburg Institute for Law, Technology, and Society & Tilburg Law and Economics Center)
This summary report explores the following questions: “What are the differences between standards development organisations (SDOs)’ IPR policies and open source licenses in dealing with IPRs?” “What frictions may arise from such differences in their interactions?” “Whether the current IPRs framework of formal SDOs is adequate to embrace OSS?”. This summary is drawn from the following paper: Husovec, Martin, Standardization, Open Source, and Innovation: Sketching the Effect of IPR Policies (July 18, 2018). Forthcoming in Jorge Contreras (eds.) Cambridge Handbook of Technical Standardization Law (CUP 2019); TILEC Discussion Paper No. 2018-034. Available at SSRN: https://ssrn.com/abstract=3215769
Categories: Licensing, Open Source Software, Standardisation
Intellectual property licensing tensions: in utilizing open source software in the formal standard setting context
by Jingze Li. Tilburg University, (Tilburg Institute for Law, Technology, and Society)
This summary report explores the following questions: “What are the differences between standards development organisations (SDOs)’ IPR policies and open source licenses in dealing with IPRs?” “What frictions may arise from such differences in their interactions?” “Whether the current IPRs framework of formal SDOs is adequate to embrace OSS?”. It is drawn by the author from a paper first published by the ITU: J. Li, "Intellectual property licensing tensions in incorporating open source into formal standard setting context — The case of Apache V.2 in ETSI as a start," 2017 ITU Kaleidoscope: Challenges for a Data-Driven Society (ITU K), Nanjing, 2017, pp. 1-8. The paper is available for download in the IEEE document library. An extended version of the paper has been submitted to the European Journal of Law and Technology and will available under SSRN.
Categories: Licensing, Open Source Software, Standardisation
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: Artificial Intelligence and Data, Digital Single Market
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