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Research: Mandatory Patent Pools

by Luca Maggioni, Diana Marin, Laura Natalia Morales Charry, Paolo Orlando and Victoire Guegan Master Students, Technical University Berlin

Mandatory Patent Pools

In this student contribution to 4iP Council's research, the authors explain the link between patent pools and standardisation in telecommunications and analyse the potential impact of mandatory pools for innovation. Patent pools are often perceived as a significant tool for widespread innovation. Yet, they can also lead to monopolistic behavior. In practice, patent pools are used by some stakeholders as a tool to organise the licensing of standard essential patents. Thus, pools are encouraged by the European Commission, especially for the information and communication technology (ICT) field with complex products incorporating multiple patents. Yet, to be efficient and pro-competitive, pools need to fulfill certain conditions.

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Categories: FRAND, Standardisation, Student Contribution

Research: SSPPU vs. EMVR

by Mirza Usama Baig, Ingra Marangoni and Tuğçe Özkepir Master Students, Technical University Berlin

SSPPU vs. EMVR

In this student contribution to 4iP Council's research, the authors focus on two different methodologies (for the calculation of royalties): Smallest Salable Patent-Practicing Unit (SSPPU) and Entire Market Value Rule (EMVR). They first introduce an overview of what surrounds the discussion, which institutions are involved in the patent ecosystem, as well as where the SSPPU vs. EMVR discussion arises. They then address the theoretical background of the SSPPU creation and evolution, focusing on the economic disadvantages of SSPPU. Furthermore, they list the consequences of applying a too low basis, mainly attempting to clarify the drawbacks of applying SSPPU.

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Categories: FRAND, Standardisation, Student Contribution

4iP News: Webinar slides now available! FRAND terms: Same price if different uses of the same SEP?

Presented by Dr. Eskil Ullberg

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Categories: FRAND, Licensing, Standardisation

Publications: FRAND terms: Same price if different uses of the same SEP? Presented by Dr. Eskil Ullberg

FRAND terms: Same price if different uses of the same SEP? Presented by Dr. Eskil Ullberg

These slides were presented on 10 March 2020 during a webinar addressing the following themes: field-of-use as a principle inherent to the patent system since 1474; the efficiency of the field-of-use pricing mechanism in relation to SEP; the need for a policy of price differentiation for sustained tech advantage. The summary paper Dr Ullberg wrote for 4iP Council on this topic can be downloaded from our Research area. The full version of this paper appeared in the Queen Mary Journal of Intellectual Property, Volume 9, 2019.

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Categories: FRAND, Licensing, Standardisation

4iP News: Latest paper: 'FRAND Licensing Levels Under EU Law'

by Jean-Sébastien Borghetti, University Paris II Panthéon-Assas; Igor Nikolic, University College London (UCL) and Nicolas Petit, University of Liege and the College of Europe

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Categories: FRAND, Licensing, Policy, Standardisation