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


Lessons from Huawei v. ZTE

by Rt Hon Professor Sir Robin Jacob, Alexander Milner – October 2016

Lessons from Huawei v. ZTE

This paper first summarises the Huawei judgment and what Huawei decides in practice relating to the availability of injunctive relief for SEPs. The principal national case law since the Huawei decision is then reviewed. Finally, some matters left unresolved by Huawei are examined and the authors consider whether further action by the Commission is necessary, including in the context of the pending review of the IPR Enforcement Directive (“IPRED”). The authors consider whether it would be desirable for the European Commission to issue some form of official guidance, notably on the steps that patentees and implementers must take, respectively, to obtain or avoid an injunction in the context of a FRAND dispute.

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Brief summary

Categories: IP and Competition Law, IP Enforcement, Licensing, Standardisation

Restrictions to patent enforcement

by 4iP Council: An English summary of an article by Prof. Klaus Melullis which appears in the “Mitteilungen der Deutschen Patentanwälte” 107. – October 2016

Restrictions to patent enforcement

This article critically analyses the arguments put forward that the patent and its enforcement limit competition, differentiating between SEP and non-SEP. It further analyses the potential need for regulatory intervention in the litigation system and the expected consequences of such potential intervention on competition, investments, research and development activities and innovation.

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Categories: IP and Competition Law, Licensing, Trade Law and Regulation

Patent-Pricing

by Nicolas Petit, Professor of Law, University of Liege – February 2016

Patent-Pricing

The Smallest Salable Patent-Pricing Unit experiment, general purpose technologies and the Coase theorem.

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Categories: Licensing, Standardisation

Valuing SEPs in the Knowledge Economy

by Bowman Heiden Center for Intellectual Property (CIP) – December 2015

Valuing SEPs in the Knowledge Economy

Focuses on a comparative assessment of the standard essential patent (SEP) valuation models of four recent SEP court cases in the US in 2013-14 and discusses their systemic implications for industry and policy makers.

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Categories: Standardisation

Re-evaluating Patent Damages in the Knowledge Economy

by Bowman Heiden and Jens Andreasson Center for Intellectual Property (CIP) – December 2015

Re-evaluating Patent Damages in the Knowledge Economy

Investigates the applicability and implications of the current legal norms for the choice of royalty base in relation to the prevailing market norms regarding SEP transactions in the telecommunication industry. This article was published in the Criterion Journal on Innovation in September 2016. https://www.criterioninnovation.com

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Categories: IP Enforcement, Standardisation

IPR Policy as Strategy. The Battle to Define the Meaning of FRAND

by Bowman Heiden Center for Intellectual Property (CIP) – December 2015

IPR Policy as Strategy. The Battle to Define the Meaning of FRAND

Addresses the ongoing battle to define the meaning of F/RAND as a key institution in determining the value of standard essential patents (SEPs) and the transformation of the telecommunication industry in the emerging knowledge economy.

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Categories: Standardisation

The Viability of FRAND: How the Seminal Microsoft Ruling Could Impact the Value of Standard Essential Patents and the Future of Telecom Standards

by Bowman Heiden, Center for Intellectual Property (CIP) – December 2015

The Viability of FRAND: How the Seminal Microsoft Ruling Could Impact the Value of Standard Essential Patents and the Future of Telecom Standards

Using the landmark Microsoft ruling, this paper addresses the viability of F/RAND policies to regulate the equilibrium between patent holdup and freeriding (or patent holdout) in the context of telecommunication standards.

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Categories: Standardisation