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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: Digital Single Market, Licensing, Standardisation

Publications: SEP/FRAND case law: overview and challenges regarding confidentiality.

SEP/FRAND case law: overview and challenges regarding confidentiality.

4iP Council webinar presentation given by Prof. Dr. Peter Georg Picht, LL.M. (Yale) on 22 November 2018. Prof. Picht holds a chair for Business and Commercial Law at the University of Zurich, is head of the University’s Centre for Intellectual Property and Competition Law (CIPCO) and is a Max Planck Institute Affiliated Research Fellow.

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

Research: Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law

by Björn Lundqvist

Standardization for the Digital Economy: The Issue of Interoperability and Access Under Competition Law

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.

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Categories: Digital Single Market, IP and Competition Law, Standardisation

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

Patent ambush: the commitment decision of the European Commission in the Rambus case

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

Patent Assertion Entities and Standard Essential Patents: Keep Calm and Carry On

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.

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Categories: IP and Competition Law, IP Enforcement, Standardisation