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Research: Sensible Open Source Licenses For Standards Development Organizations

by Michele Herman

New technologies such as 5G, IoT, blockchain and many others are implemented as ecosystems with many interoperable products and services designed to communicate seamlessly through a developing web of technical standards. Today’s standards are far more software-driven than in the past. As a result, standards development organizations (SDOs) are increasing their use of open source software (OSS) to promote both the rapid development of new standards and the deployment of standards-conformant products and services in the marketplace.

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Categories: FRAND, Internet of Things (IoT), IP and Competition Law, Licensing, Patent Strategy, Policy, Standardisation

Publications: Pilot Study for Essentiality Assessment of Standard Essential Patents

The present study, commissioned by the European Commission (EC), investigates the technical and institutional feasibility of a large-scale system that seeks to achieve better essentiality scrutiny for Standard Essential Patents (SEPs).

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Categories: European Commission, FRAND, Licensing, Patent System and Patent Quality, Policy, Regulation, Standardisation, Student Contribution

Research: The Value of Standard Essential Patents and the Level of Licensing

by Bowman Heiden, Jorge Padilla, Ruud Peters

The Value of Standard Essential Patents and the Level of Licensing

This paper argues that the value of standard essential patents (SEPs) should be independent of the level of licensing in the value chain. We further argue the value of enabling technologies, such as SEPs, is best determined in relation to the value it produces to the consumer or end-user, regardless of the licensing level. Finally, we discuss legal, economic, and organizational factors that can guide market actors to determine the optimal level of licensing through private ordering. Two cases studies, regarding optical standards and cellular standards, are presented to illustrate SEP licensing challenges and solutions in practice.

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Categories: FRAND, Internet of Things (IoT), IP and Competition Law, Licensing, Patent Strategy, Policy, Standardisation

Webinars: License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules.

Provides an overview of the principles of patent law and licensing; a review of standards development organisation policies on licensing; a legal analysis of the license to all argument; consideration of important economic issues and less harmful alternatives.

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Categories: FRAND, Licensing, Standardisation

4iP News: Webinar slides and recording now available! License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules

Presented by Dr. Anne Layne-Farrar, Vice President in Competition Economics at Charles River Associates and an Adjunct Professor at the Northwestern University Pritzker School of Law and Richard J. Stark, Partner in the Litigation Department of Cravath, Swaine & Moore LLP

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Categories: FRAND, Licensing, Standardisation