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Complications and Quandaries in the ICT Sector: Standard Essential Patents and Competition Issues

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ISBN: 9789811060106 9789811060113 Year: Pages: 200 DOI: https://doi.org/10.1007/978-981-10-6011-3 Language: English
Publisher: Springer
Subject: Computer Science
Added to DOAB on : 2017-11-24 11:24:42
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Abstract

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.

Keywords

patents --- competition --- antitrust

Antitrust Enforcement and Standard Essential Patents

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Book Series: Munich Intellectual Property Law Center - MIPLC ISBN: 9783845285191 Year: Volume: 29 DOI: http://dx.doi.org/10.5771/9783845285191 Language: en
Publisher: Nomos Verlagsgesellschaft mbH & Co. KG
Subject: Law
Added to DOAB on : 2018-11-05 12:58:40
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The present thesis discusses the implications of the enforcement of standard-essential patents (SEPs) for competition law. Formal standard setting has the potential to result in near-optimal investment in research and development and at the same time in rapid implementation of innovative standards.

Industrial Concentration and the Chicago School of Antitrust Analysis

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Book Series: Hohenheimer volkswirtschaftliche Schriften ISBN: 9783631408742 Year: Pages: 422 DOI: 10.3726/b13907 Language: English
Publisher: Peter Lang International Academic Publishing Group
Subject: Law --- Economics
Added to DOAB on : 2019-01-15 13:32:26
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Abstract

After roughly 15 years of merger control application in the Federal Republic of Germany a reassessment of the significance of this instrument of antitrust policy seems necessary. This is particularly so in view of the reorientation of merger control policy in the United States which has been - in its original version - the model for the German merger control system.
Concerning merger control, the reorientation is characterized by the notion that the structure-conduct-performance paradigm which has dominated U.S. antitrust for a quarter of a century is imprecise or even incorrect and «that bigness in business does not necessarily mean badness.»
This makes the fundamental question arise of whether the German merger control system is still up to date in terms of the underlying market theory and of whether the German Act Against Restraints of Competition needs a reorientation towards aspects of market conduct and performance instead of market structure by means of a Fifth Amendment.

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