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Research: Economic efficiency and field-of-use pricing of SEP licences 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.

Economic efficiency and field-of-use pricing of SEP licences under FRAND terms

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.

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Categories: Digital Single Market, FRAND, Licensing, SMEs, Standardisation

Publications: Unwired Planet v Huawei: the UK Court of Appeal’s judgment. Webinar slides presented by the Rt. Hon. Sir Robin Jacob and Richard Vary

Unwired Planet v Huawei: the UK Court of Appeal’s judgment. Webinar slides presented by the Rt. Hon. Sir Robin Jacob and Richard Vary

This webinar took place on 13 February 2019 and offered a summary of this significant court decision, detail on the contract law basis for FRAND and a discussion on the jurisdiction issues surrounding a national court determining global FRAND rates.

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

Useful Research: SMEs and Standard Essential Patents: Licensing Efficiently In The Internet Of Things

by TSILIKAS, Harris / TAPIA, Claudia

SMEs and Standard Essential Patents: Licensing Efficiently In The Internet Of Things

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Categories: Licensing, SMEs, Standardisation

Publications: How OSS licensing could coinhabit with standards development organisations’ existing IPR policies

How OSS licensing could coinhabit with standards development organisations’ existing IPR policies

Over the past few years, standards development organisations (SDOs) have been assessing how open source software (OSS) could be used to complement standardisation activities. Given that most SDOs have pre-existing intellectual property rights (IPR) policies based on fair reasonable and non-discriminatory (FRAND) access to essential patents, a key challenge for SDOs has therefore been to determine how OSS licensing could coinhabit with SDOs’ existing IPR policies. This has led to considerable discussion and debate and some confusion. Given the diversity of views on the topic, this document is intended to provide some clarity on some critical aspects.

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Categories: Licensing, Open Source software, Standardisation

Research: 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)

Standardisation, Open Source, and Innovation: Sketching the Effect of IPR Policies

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

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Categories: Licensing, Open Source software, Standardisation