A Practical Guide to Patent Policies of Standards Development Organizations PDF Download

Author: Jorge L. Contreras
Publisher:
ISBN:
Category :
Languages : en
Pages : 9

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Book Description
Over the past several years, there has been a surge in litigation over technical standards, standards-essential patents (SEPs), and the patent policies of standards development organizations (SDOs). While this litigation has fueled a cottage industry of commentary by economists, legal scholars, and other pundits, much of this literature is mired in complexity and inaccessible to the engineers and business managers that must make decisions regarding participation in SDOs on a daily basis. This article seeks to explain some of this controversy and the resulting policy decisions that a business manager may be called upon to make for his or her organization when evaluating joining and participating in an SDO.

Author: Jorge L. Contreras
Publisher:
ISBN: 9781639050789
Category : Patent laws and legislation
Languages : en
Pages :

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Book Description
"This revised edition preserves the structure and intent of the first edition, yet updates it with the results of various judicial decisions, enforcement actions and policy innovations at SDOs around the world. This volume is a useful resource for legal practitioners, judges and scholars seeking to gain a better understanding of this critical area of law and practice, and to serve as a tool for understanding and practice in a complicated legal and technical space"--

Author: Jorge L. Contreras
Publisher: American Bar Association
ISBN: 9781590319284
Category : Law
Languages : en
Pages : 130

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Book Description
Authored by standards experts from across industry, academia and private practice, this book serves as a resource for standards development organizations (SDOs), the lawyers who advise them and other participants involved in the process. It is a comprehensive set of annotated, policy-neutral language that can be instantly accessed and utilized by SDOs who are developing new patent policies or those looking to refine or interpret existing policies.

Author: Michael Drapkin (Lawyer)
Publisher:
ISBN: 9781682673348
Category : Patent laws and legislation
Languages : en
Pages : 0

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Book Description
"Part I [of this book] looks at the history, organizations, and policy considerations involved in setting standards. Part II offers best practices for patent prosecution and portfolio development for standards-related technology, including interfacing with engineers, portfolio development, preparation of SEPs, claiming strategies, and prosecution in the U.S. and other countries. Part III examines licensing and litigation issues for patents and standards, including FRAND licensing, antitrust issues, and litigation forum selection and remedies. Contributing authors provide their perspectives on the key issues in this complicated and contentious area, and offer practical guidance, charts, tables, timelines, practice tips, and more."--

Author: Manveen Singh
Publisher: Springer Nature
ISBN: 9811926239
Category : Law
Languages : en
Pages : 227

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Book Description
This book offers a unique insight into the world of standard-setting organizations (SSOs)’ IPR policies and the role they play in balancing the interests of innovators and implementers, vis-à-vis the development of standards. Since the beginning of the 21st century, there have been quite a few questions asked of the SSOs as to the legality of their IPR policies and the enforceability of disclosure and licensing obligations enshrined therein. That, coupled with disagreements over the appropriate royalty rate and royalty base, has resulted in extensive litigation between innovators and implementers, especially across the Atlantic. The Book, in keeping the USA and EU as the two primary jurisdictions, offers a comprehensive analysis of the disclosure and licensing obligations under SSO IPR policies, with strong theoretical foundations justifying their imposition. More specifically, it offers a bird’s eye view of the various facets of disclosure and licensing, ranging from non-disclosure and transparency on one hand, to the determination of FRAND on the other. While much has been said about the benefits arising out of collaborative standard-setting, disputes involving SEP licensing have not been limited to the courts, and have attracted a significant amount of scrutiny by competition/antitrust agencies. The Book provides an elaborate account of the anti-competitive concerns surrounding standard-setting, and further documents the role of courts and competition agencies in ensuring good faith licensing negotiations between the SEP holders and implementers. Despite largely focusing on SEP licensing disputes in the USA and EU, the Book also offers a dedicated chapter on standard-setting in the Indian context. The readers are presented with an in-depth discussion on the contrasting approaches adopted by the courts and the Competition Commission of India (CCI), in addressing disputes involving SEPs. The said discussion is supplemented by a careful analysis of the SEP licensing guidelines to have emerged out of other implementer-oriented economies like China and Japan. By doing so, the Book offers readers the opportunity to study and compare the SEP licensing framework in developed, as well as developing economies. SSO IPR policies play an integral role in the development of standards, and with technologies such as the Internet of Things and 5G knocking on the doors, the Book makes for a valuable study on the nuances of standard-setting through the lens of SSOs, and will find takers among a wide reader base of students, researchers, academics, law practitioners, corporates, and policy makers.

Author: Jurgita Randakeviciúte
Publisher: Nomos Verlag
ISBN: 3845264276
Category : Law
Languages : en
Pages : 67

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Book Description
Standardisierung ist ein wesentliches Instrument zur Förderung von Innovation und Wettbewerb, was wiederum sowohl Verbrauchern als auch Unternehmen zu Gute kommt. Doch aufgrund der Tatsache, dass die Normen in der Regel durch Standardessentielle Patente (SEP) geschützt sind, kann die Standardisierung den Zugriff auf die Technologie behindern und denjenigen den Eintritt in den Markt erschweren, die nicht Patentinhaber sind. Normungsorganisationen (SSPs) haben die Aufgabe das Gleichgewicht zwischen den Patentinhabern und den Nutzern herzustellen. Die Patentinhaber sollen von den Nutzern eines Standards Gebühren erhalten, die die Akzeptanz des Standards nicht unnötig gefährden. Recht häufig kommt es zu kostspieligen und zeitraubenden Rechtsstreitigkeiten, weil die Parteien nicht in der Lage sind, angemessene und nicht diskriminierende Lizenzbedingungen (FRAND) zu vereinbaren. Eine solche Situation behindert zwangsläufig die Umsetzung der standardisierten Technologie und führt zu der Frage, welche Funktion die SSOs während des Standardisierungsprozesses und bei der Festlegung des Standards haben.

Author: National Research Council
Publisher: National Academies Press
ISBN: 0309293154
Category : Political Science
Languages : en
Pages : 181

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Book Description
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: Hermann J. Koch
Publisher: John Wiley & Sons
ISBN: 111906743X
Category : Science
Languages : en
Pages : 276

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Book Description
Practical Guide to International Standardization for Electrical Engineering provides a comprehensive guide to the purpose of standards organizations, their relationship to product development and how to use the standardization process for cost-effective new product launch. It covers major standardization organizations in the field of Electrical Engineering offering a general overview of the varying structures of national standardization organizations, their goals and targets. Key questions for standardization are answered giving the reader guidance on how to use national and international standards in the electrical business. When shall the company start to enter standardization? How to evaluate the standardization in relationship to the market success? What are the interactions of innovations and market access? What is the cost of standardization? What are the gains for our experts in standardization? Key features: Provides guidance on how to use national and international standards in the electrical business. Global active standardization bodies featured include IEEE, IEC and CIGRE as well as regional organizations like CENELEC for Europe, SAC for China, DKE for Germany, and ANSI for USA. Case studies demonstrate how standardization affects the business and how it may block or open markets. Explains the multiple connections and influences between the different standardization organizations on international, regional or national levels and regulatory impact to the standardization processes. Two detailed focused case studies, one on Smart Grid and one on Electro-Mobility, show the influence and the work of international standardization. The case studies explain how innovative technical developments are promoted by standards and what are the roles of standardization organizations are. A valuable reference for electrical engineers, designers, developers, test engineers, sales engineers, marketing engineers and users of electrical equipment as well as authorities and business planners to use and work with standards.

Author: Jae Hun Park
Publisher: Edward Elgar Publishing
ISBN: 1849805482
Category : Law
Languages : en
Pages : 253

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Book Description
Dr Jae Park is to be congratulated for turning our attention to this difficult and underexplored area. His work focuses on standards and patents but goes well beyond an initial first analysis. He examines the finer points of both sets of rules in order to find out exactly where the problem lies and he then looks at the existing mechanisms that could provide a solution. Many of these have their roots in the area of competition law, but his thorough analysis shows that competition law in its current form and with its current limitations is not the perfect tool to address the problems that arise when patented technology becomes the object of standardisation. This leads Dr Park to develop his own solution for the problem at hand: a solution which he finds in the dynamic liability rules regime. This book really breaks new ground and provides a first and thorough analysis of this rarely addressed but increasingly important area. From the foreword by Paul L.C. Torremans, University of Nottingham, UK This insightful book reviews the inherent conflict between patent rights and industry standards and through analysis of both US and European case law proposes measures to improve current systems and foster greater innovation. Jae Hun Park searches for the appropriate balance between the rights of patent owners and the need for industry standards within the scope of patent law. He considers the current solutions provided by legal systems and using cost benefit analysis evaluates, from a legal and economic perspective, whether patent systems can be improved. Jae Hun Park proposes reform to the patent system that would introduce a dynamic liability rule regime , rather than property rules . The dynamic liability rule regime adopts property rules at the stage when there are still competing standards, and liability rules at the stage when there are no competing standards. This would, he argues, resolve the conflict between patents and standards and mitigate the patent hold-up problem. This is a must-read book for scholars interested in technology patents, innovation and competition law and policy, as well as those individuals working in standard setting organisations. It will also be of great interest to patent offices, patent attorneys and competition lawyers.

Author:
Publisher:
ISBN:
Category : Patent laws and legislation
Languages : en
Pages : 338

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Book Description