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Complications and Quandaries in the ICT Sector, 1st ed. 2018 Standard Essential Patents and Competition Issues

Langue : Anglais

Coordonnateurs : Bharadwaj Ashish, Devaiah Vishwas H., Gupta Indranath

Couverture de l’ouvrage Complications and Quandaries in the ICT Sector
This book is open access under a CC BY 4.0 license.

With technology standards becoming increasingly common, particularly in the information and communications technology (ICT) sector, the complexities and contradictions at the interface of intellectual property law and competition law have emerged strongly. This book talks about how the regulatory agencies and courts in the United States, European Union and India are dealing with the rising allegations of anti-competitive behaviour by standard essential patent (SEP) holders. It also discusses the role of standards setting organizations / standards developing organizations (SSO/SDO) and the various players involved in implementing the standards that influence practices and internal dynamics in the ICT sector. This book includes discussions on fair, reasonable and non-discriminatory (FRAND) licensing terms and the complexities that arise when both licensors and licensees of SEPs differ on what they mean by ?fair?, ?reasonable? and ?non-discriminatory? terms. It also addresses topics such as the appropriate royalty base, calculation of FRAND rates and concerns related to FRAND commitments and the role of Federal Trade Commission (FTC) in collaborative standard setting process. This book provides a wide range of valuable information and is a useful tool for graduate students, academics and researchers.
Chapter 1. Introduction.- Chapter 2. Technology Standards and Competition in the Mobile Industry by Kirti Gupta.- Chapter 3. Standard Setting Organizations and Competition Laws: Lessons and Suggestions from the United States by Donald E. Knebel.- Chapter 4. FRAND Commitments and Royalties for Standard Essential Patents by D. Scott Bosworth, Russell W. Mangum, Eric C. Matolo.- Chapter 5. SSPPU: FRAND as Trust by Nicolas Petit.- Chapter 6. FRAND Commitments in Patent Portfolio Licensing by Anne Layne-Farrar.- Chapter 7. Calculating FRAND, Licensing fees: A proposal of basic pro-dynamic competition criteria by Gustavo Ghidini.- Chapter 8. Current Issues in SEP Licensing in Europe: An EU Competition Law Perspective by Roberto Grasso.- Chapter 9. Competition, Intellectual Property Rights and Collaboratively Set Standards: Federal Trade Commission Advocacy and Enforcement by John Dubiansky.- Chapter 10. National Disparities and Standards-Essential Patents: Considerations for India by Jorge L. Contreras.- Chapter 11. FRAND in India by Koren W. Wong-Ervin, Douglas H. Ginsburg, Bruce H. Kobayashi, and Joshua D. Wright.

Dr. Ashish Bharadwaj is an assistant professor at the Jindal Global Law School (JGLS), O.P. Jindal Global University and co-director of Jindal Initiative on Research in IP & Competition (JIRICO)—a think-tank focused on frontline research on issues at the interface of high technology, patents and antitrust. He writes extensively on the role of technology and innovation in shaping societies, green technology, SEP/FRAND litigation and technical standards. He is an affiliated faculty at the Center for Intellectual Property Research, Maurer School of Law, Indiana University (Bloomington), USA and a visiting professor at the Institute for Innovation Research, Hitotsubashi University (Tokyo). He holds a Ph.D. from the Max Planck Institute for Innovation and Competition (Munich); European Master in Law and Economics from Erasmus University Rotterdam, Netherlands and the University of Manchester, UK; Master in Economic Sciences from Anna University, India; and a BA Honors in Economics from Delhi University, India.

Dr. Vishwas Devaiah is an associate professor at the Jindal Global Law School, Executive Director of the Centre for Intellectual Property and Technology Law (CIPTEL) and Managing Editor of the journal Jindal Global Law Review, published by Springer. Vishwas’s primary areas of interest are patent law, health law and biotechnology law. He has published widely and serves as a reviewer for the Asian Comparative Law Journal, the NUJS Law Review and the Indian Journal of Medical Ethics. He obtained a Ph.D. from the University of Liverpool, UK; an LLM degree from Warwick University, UK; and Bachelor of Law (BAL, LL.B.) degrees from University Law College, Bangalore University, Bangalore. His Ph.D. research was on the regulation of human embryonic stem cell research, titled ‘Protecting egg donors and patients in human embryonic stem cell research: A critical analysis of the current and proposed regulation in India.’ 

Dr. Indrana

Includes contributions by respected academics and experienced legal practitioners

Provides varied perspectives on standard essential patent (SEP) related issues in the information and communications technology (ICT) sector

Explores the interface between patent law and competition law

Includes supplementary material: sn.pub/extras

Date de parution :

Ouvrage de 200 p.

15.5x23.5 cm

Disponible chez l'éditeur (délai d'approvisionnement : 15 jours).

52,74 €

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