Description
Intellectual Property Rights and Competition in Standard Setting
Objectives and tensions
Routledge Research in Intellectual Property Series
Author: Torti Valerio
Language: EnglishSubjects for Intellectual Property Rights and Competition in Standard...:
Keywords
Intellectual Property Law; Competition and intellectual property rights; Valerio Torti; National University of Singapore; Faculty of Law; National University of Singapore; competition law; Article 102 TFEU; Section 2 of the U.S; Sherman Act; Fair and Reasonable Terms; Georgia Pacific Test; Patent Ambush; Ex Ante; Orange Book Standard; Samsung v Apple; Huawei v ZTE; eBay v MercExchange; FTC; Federal Trade Commission; Google Order; Microsoft v Motorola; JEDEC; Rambus; Qualcomm; Standard Setting Organizations; FTC Act; UK Competition Commission; EU Competition Law; ECR II-2937; EU Competition; Essential Facility Doctrine; Standard Essential Patents; EU Enforcer; EU Court; IPRs Holder; Law Journal; Law Review; IPRs Owner; Consumer Welfare Standard; IP Law; Horizontal Co-operation Agreements; Standard Setting Process; Patent Misuse; EU Commission; Sherman Act; WCDMA Technology; Maximum Cap; Complaint Counsel; Standard Setting Bodies
Approximative price 172.36 €
In Print (Delivery period: 14 days).
Add to cart the book of Torti ValerioPublication date: 10-2015
· 15.6x23.4 cm · Hardback
Publication date: 06-2018
· 15.6x23.4 cm · Paperback
Description
/li>Contents
/li>Readership
/li>Biography
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Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone?s right or, if they do, are developed under condition that patents are licensed under defined terms.
This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs? members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators? interests and SSOs? goals.
Part One - IPRs, Competition and the Standards Chapter One The Objectives of Competition Law Chapter Two Goals of IP Law and Interplay with Competition Chapter Three IPRs and Standard Setting: Functions and Rules Part Two – Anticompetitive Conduct and Standardization Chapter Four The Interaction IPRs – Competition in Standard Setting Chapter Five The U.S. Approach in the Standards - Market Power Dichotomy Chapter Six Abuse of Dominance in Standard Setting - the EU Approach Part Three - Reconciling IPRs and Competition in Standard Setting Chapter Seven Suggested Model and Enforcement
General Conclusions
Valerio Torti is a Post-Doctoral Research Fellow at the Centre for Law & Business of the National University of Singapore.
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