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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: Standardisation, Licensing, Open Source software

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: Standardisation, Licensing, Open Source software

Research: Intellectual property licensing tensions: in utilizing open source software in the formal standard setting context

by Jingze Li. Tilburg University, (Tilburg Institute for Law, Technology, and Society)

Intellectual property licensing tensions: in utilizing open source software in the formal standard setting context

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?”. It is drawn by the author from a paper first published by the ITU: J. Li, "Intellectual property licensing tensions in incorporating open source into formal standard setting context — The case of Apache V.2 in ETSI as a start," 2017 ITU Kaleidoscope: Challenges for a Data-Driven Society (ITU K), Nanjing, 2017, pp. 1-8. The paper is available for download in the IEEE document library. An extended version of the paper has been submitted to the European Journal of Law and Technology and will available under SSRN.

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Categories: Standardisation, Licensing, Open Source software

Publications: Patent hold-up and patent hold-out: evolutions in Europe and the US

Patent hold-up and patent hold-out: evolutions in Europe and the US

This paper looks at hold-up and hold-out with respect to standard-essential patents (SEPs) in the ICT sector. It examines the evolution from a hold-up focused view in the US and Europe towards consideration of hold-out by regulatory authorities and courts. Similarities and differences regarding SEPs licensing and enforcement in both regions are addressed. This paper is an update of the article “From Patent Hold-Up to Patent Hold-Out”. The last version of this article was published in the Corporate and Global Standardization Initiatives in Contemporary Societies, 2018.

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Categories: Standardisation, IP and Competition Law

Research: Proprietary vs. Open Standards

by Paul Zubrinich, Kristina Medow, Anastasia Kolganova, Moritz Müller, and João Hierro Technical University of Berlin.

Proprietary vs. Open Standards

This paper examines the benefits and risks attached to implementing open or proprietary standards, both from the companies’ and the consumers’ perspective. It first appeared in IAM Issue 92, published by Globe Business Media Group - IP Division. To view the issue in full, please go to www.IAM-media.com.

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Categories: Standardisation, Licensing, Digital Single Market