Worldwide FRAND Licences in Global Patent Litigation
Author : Valerio Torti
Publisher :
Page : 0 pages
File Size : 37,32 MB
Release : 2021
Category : Intellectual property
ISBN :
Author : Valerio Torti
Publisher :
Page : 0 pages
File Size : 37,32 MB
Release : 2021
Category : Intellectual property
ISBN :
Author : C. Bradford Biddle
Publisher : Cambridge University Press
Page : 379 pages
File Size : 31,11 MB
Release : 2019-06-27
Category : Business & Economics
ISBN : 1108426751
Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
Author : Igor Nikolic
Publisher : Bloomsbury Publishing
Page : 368 pages
File Size : 25,22 MB
Release : 2021-11-18
Category : Law
ISBN : 1509947574
What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions. For over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws; and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape. The book provides a holistic coverage of SEP licensing issues in an attempt to reduce uncertainty within this highly complex and technical area, and will be useful to practitioners, policy makers, SMEs and large technology companies in the IoT, as well as academics interested in the field.
Author : Arnaud Nuyts
Publisher : Kluwer Law International B.V.
Page : 338 pages
File Size : 10,69 MB
Release : 2008-01-01
Category : Law
ISBN : 904112702X
At head of title : European Commission Research Project on Judicial Cooperation in Matters of Intellectual Property and Information Technology.
Author : National Research Council
Publisher : National Academies Press
Page : 181 pages
File Size : 31,87 MB
Release : 2013-10-07
Category : Political Science
ISBN : 0309293154
Patent Challenges for Standard-Setting in the Global Economy: Lessons from Information and Communication Technology examines how leading national and multinational standard-setting organizations (SSOs) address patent disclosures, licensing terms, transfers of patent ownership, and other issues that arise in connection with developing technical standards for consumer and other microelectronic products, associated software and components, and communications networks including the Internet. Attempting to balance the interests of patent holders, other participants in standard-setting, standards implementers, and consumers, the report calls on SSOs to develop more explicit policies to avoid patent holdup and royalty-stacking, ensure that licensing commitments carry over to new owners of the patents incorporated in standards, and limit injunctions for infringement of patents with those licensing commitments. The report recommends government measures to increase the transparency of patent ownership and use of standards information to improve patent quality and to reduce conflicts of laws across countries.
Author : Kung-Chung Liu
Publisher : Routledge
Page : 339 pages
File Size : 41,57 MB
Release : 2019-12-05
Category : Law
ISBN : 1000760073
This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
Author : World Intellectual Property Organization
Publisher : WIPO
Page : 11 pages
File Size : 24,44 MB
Release : 2024-04-02
Category : Law
ISBN :
This document sets out a 3-year strategic plan for WIPO in the field of standard essential patents (SEPs). The Strategy, based on the guiding principles of neutrality, complementarity and voluntary nature, gives an account of WIPO’s current activities and sets forth the four pillars of WIPO’s upcoming work to serve as a global platform for discussion, enhance transparency, be a hub of knowledge and data, and provide meaningful services in the SEP area.
Author : Rosada B. Vega
Publisher : Nova Science Publishers
Page : 0 pages
File Size : 17,27 MB
Release : 2013-06-19
Category : Patent laws and legislation
ISBN : 9781626182073
This book provides an overview of the current debate over whether a holder of a patent essential to an industry standard, who has promised to license such patented technology on fair, reasonable, and non-discriminatory (FRAND) terms, may nevertheless obtain an injunction from a federal court or an exclusion order from the International Trade Commission against infringing products that implement the industry standard. The book first summarises several fundamental principles of patent law, then discusses the relationship between standard-setting organisations and FRAND licensing. It continues with an explanation of the role and duties of the International Trade Commission (ITC) and how there are different legal standards that apply to the award of injunctive relief in federal courts and in the ITC. Also discussed are the recent developments relating to standard-essential patents and FRAND licensing that have occurred in federal agencies responsible for antitrust enforcement, ITC cases, and congressional hearings.
Author :
Publisher :
Page : 1066 pages
File Size : 46,84 MB
Release : 1997
Category : Intellectual property (International law)
ISBN :
Author : Peter G Picht
Publisher :
Page : 0 pages
File Size : 40,47 MB
Release : 2024-08-28
Category : Law
ISBN : 9781800881709
This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions. Key Features: Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English. Contextualises German SEP/FRAND case law from an international perspective Examines the competing approaches to SEP/FRAND issues in prominent jurisdictions Presents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensing This book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.