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

Description

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. Front Matter ....Pages i-xxiv National Disparities and Standards Essential Patents: Considerations for India (Jorge L. Contreras)....Pages 1-17 FRAND Commitments and Royalties for Standard Essential Patents (D. Scott Bosworth, Russell W. Mangum III, Eric C. Matolo)....Pages 19-36 The Policy Implications of Licensing Standard Essential FRAND-Committed Patents in Bundles (Anne Layne-Farrar, Michael Salinger)....Pages 37-61 Calculating FRAND Licensing Fees: A Proposal of Basic Pro-competitive Criteria (Gustavo Ghidini, Giovanni Trabucco)....Pages 63-77 Selected Issues in SEP Licensing in Europe: The Antitrust Perspective (Roberto Grasso)....Pages 79-97 Competition, Intellectual Property Rights and Collaboratively Set Standards: Federal Trade Commission Advocacy and Enforcement (John E. Dubiansky)....Pages 99-140 Standard Setting Organizations and Competition Laws: Lessons and Suggestions from the United States (Donald E. Knebel)....Pages 141-164 FRAND in India (Koren W. Wong-Ervin, Douglas H. Ginsburg, Bruce H. Kobayashi, Joshua D. Wright)....Pages 165-184 CCI’s Investigation of Abuse of Dominance: Adjudicatory Traits in Prima Facie Opinion (Indranath Gupta, Vishwas H. Devaiah, Dipesh A. Jain)....Pages 185-200