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

Publications: Access to All infographic

Access to All infographic

Infographic comparing the differences and efficiencies between Access to All and License to All

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Categories: Infographics, IP Enforcement, Licensing

Publications: Copyright in the digital environment: the DSM strategy and the challenges ahead

Copyright in the digital environment: the DSM strategy and the challenges ahead

This paper seeks to identify some shared views and provide a useful benchmark for policy making on the topic of the digital transformation and the EU legal framework for copyright and related issues.

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Categories: Digital Single Market, IP Enforcement

Research: Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

by Bowman Heiden and Nicolas Petit – August 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Full Report)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Patent System and Patent Quality

Research: Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Summary)

by Bowman Heiden and Nicolas Petit – June 2017

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of “Patent Holdout” (Summary)

This paper reviews the meaning of holdout in mainstream economics. This inquiry leads to an unexpected discovery: holdout is a term of art that invariably defines the conduct of a property owner, not the conduct of technology implementers. On this basis, a discussion is opened on the possible policy impact that the choice of a concept like “holdup” had on policy makers, as opposed to “holdout”. The study is based in part on a cross-sectional investigation. Throughout 2016 and 2017, the authors conducted qualitative interviews with five industry stakeholders on both sides of the patent spectrum, namely SEP holders and SEP implementers.

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Categories: IP and Competition Law, IP Enforcement, Licensing, Patent System and Patent Quality