- 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.
Research, analysis and commentary
Injunctions in European Patent Law
by Prof. Dr. Lea Tochtermann of Mannheim University
The paper covers the legal basis for the discussion on proportionality within TRIPS, European law as well as in selected European jurisdictions, focusing on Germany. It provides an outlook on whether the demand for legislative action is justified. An understanding of the legal background for the proportionality discussion within TRIPS, European law and selected European jurisdictions is offered as well as perspective on the proportionality discussion and its implications concerning the patent system as a whole. The paper was developed by Prof. Tochtermann as a resource supporting the 4iP Council webinar she presented on 14 May 2019 (see our Webinar page). It is a short version of the paper entitled ‘Injunctions in European Patent Law’ published January 2020 in ZGE/IPJ - Zeitschrift für Geistiges Eigentum/Intellectual Property Journal which is available in english and german at https://www.mohrsiebeck.com/artikel/injunctions-in-european-patent-law-101628zge-2019-0018.
Categories: IP Enforcement, IP and Competition Law, Legislation
Economic efficiency and field-of-use pricing of SEP licenses under FRAND terms
by Dr Eskil Ullberg, PhD, Adjunct Professor, George Mason University, Virginia, USA and Head of the Trade in Ideas Program, Institute of Management of Innovation and Technology, Stockholm, Sweden.
This summary paper is concerned with patented technology markets, and whether price differentiation based on field-of-use is economically efficient. The focus is on the licensing of SEPs on FRAND terms and conditions, including also the Internet of Things (IoT) applications, and the economic growth in the digital economy, especially for SMEs. The central argument proposed is that the difference in the value between usages of standardised technologies determines whether a single price for all usages or specific field-of-use prices are economically efficient. The full version of this paper will appear in the forthcoming issue of the Queen Mary Journal of Intellectual Property, Volume 9, 2019.
Categories: SMEs, Standardisation, Licensing, Digital Single Market, FRAND
The examination of computer implemented inventions and artificial intelligence inventions
by Jean-Marc Deltorn, Andrew Thean, Markus Volkmer
Computer-implemented inventions and applications of artificial intelligence have become an important part of the current innovation landscape. This trend is demonstrated by a significant increase in patents filings in a variety of technical areas, from self-driving vehicles to applications supporting the fourth industrial revolution. The EPO, as the patent granting authority for the contracting states to the EPC, has developed, over time and in line with the case law of the Boards of Appeal, a stable practice regarding the patentability of computer-implemented inventions. This practice now also applies to applications in the field of artificial intelligence, where it offers a stable platform on which applicants and practitioners can secure patent protection for AI inventions at the EPO, with predictable outcomes. This paper provides guidance about the patentability of artificial intelligence at the EPO.
Patent Quality: Does One Size Fit All?
by Naina Khanna, Phd Candidate at Maastricht University, the Netherlands under the European IP Institutes Network Innovation Society (EIPIN-Innovation Society)
In this article a broad range of literature is analysed to answer the question; what the term "patent quality" may encompass and whether there could be one size fits all definition? The paper seeks to facilitate the identification of factors that influence the quality of patents, especially from a sound policy perspective.
Blockchain and Copyright Issues
by Maximilian Kiemle, LL.M. student at KU Leuven in Belgium.
This paper examines the use of blockchain-based copyright registries. It highlights associated issues and explores the viability of a number of legal and technical responses.
Categories: IP Enforcement, Digital Platforms, Student Contribution
What is artificial intelligence and why does it matter for Copyright
by Anastasiya Kiseleva, LL.M. student at Leibniz Universität Hannover in Germany.
The main purpose of this article is to show the importance of understanding of nature and features of artificial intelligence (AI) in order to be able to effectively address legal issues posed by AI in the copyright area.
Portability in Datasets under Intellectual Property, Competition Law, and Blockchain
by Dr Björn Lundqvist, Associate Professor of Law, Stockholm University
This summary attempts to identify which 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 author specifically focuses on the application of competition law vis-à-vis the firms included in the standardisation of the Digital Economy. The author’s full paper on this topic can be found on the SSRN website.