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Research: Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law
by Björn Lundqvist
The article attempts to identify what legal systems are applicable when data is obtained from devices, sent to other devices, and/or distributed to the Cloud, and, ultimately, when it is reused. The article specifically focuses on the application of competition law vis-à-vis the firms included in the standardization of the Digital Economy.
Research: Patent ambush: the commitment decision of the European Commission in the Rambus case
by Jurgita Randakeviciute, PhD Candidate at Vilnius University Faculty of Law, Lithuania
This paper analyses the issues that have risen while assessing patent ambush under Art. 102 of the Treaty on the Functioning of the European Union (TFEU) in the Rambus case. It examines the concept of de jure standard-setting before the SSOs and discusses the notion of patent ambush in the process of standardisation as an infringement of the EU competition law.
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Categories: IP and Competition Law, Standardisation
Research: Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On
by Igor Nikolic, PhD researcher in law at the University College, London
This article discusses positive and negative effects of PAEs’ patent assertions raised in literature and the assertion of standard essential patents by PAEs as well as the problematic surrounding patent privateering. The article aims to demonstrate that PAEs are not a unitary phenomenon, but adopt many different business models. It shows that it is incorrect to label all PAEs as “bad” and to devise rules that would be aimed at this one particular category of patent holders. It also shows that, in the SEP context, competition law is not an appropriate remedy and that PAEs do not have the ability to charge excessive royalties for SEPs.
Research: Patent rights in a climate of intellectual property rights skepticism - Executive 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
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.