Intellectual property rights and competition in standard setting : objectives and tensions / Valerio Torti.
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Full Text (via Taylor & Francis) |
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| Main Author: | |
| Format: | eBook |
| Language: | English |
| Published: |
London :
Routledge,
2015.
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| Series: | Routledge-Cavendish research in intellectual property.
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| Subjects: |
Table of Contents:
- Cover; Title; Copyright; Contents; Acknowledgements; Forewords; Table of cases; Table of legislation; Introduction; PART ONE IPRs, competition and the standards; 1 The objectives of competition law; 1 Interpreting the goals of competition; 1.1 Different policies and different objectives; 2 Competition law as a means to achieving different aims; 2.1 Ensuring an effective competitive process; 2.1.1 Effective competition: a means or an aim?; 2.2 Promoting consumer welfare and consumer choice; 2.2.1 Consumer welfare v total welfare; 2.2.2 Welfare standards in the EU and the US.
- 2.2.3 Consumer surplus as enforcement standard2.2.4 Societal welfare as ultimate aim; 2.3 Enhancing efficiency; 2.3.1 Allocative, productive and dynamic efficiency; 2.3.2 Monopoly and the pursuit of efficiencies; 2.3.3 Efficiency and the objective of competition law; 2.4 Pursuing market integration; 2.4.1 The positions of the EU Commission and the courts; 2.4.2 The relation between welfare and market integration; 2.4.3 Market integration and the role of competition; 3 Conclusion; 2 Goals of IP law and interplay with competition; 1 Introduction; 2 Intellectual property rights (IPRs).
- 2.1 Justification and scope of IPRs2.2 Objectives of IPRs; 2.2.1 Promotion of competition; 2.2.2 Dynamic efficiency; 2.2.3 Consumer and societal welfare; 3 IPRs and Article 102 TFEU; 3.1 Volvo; 3.2 Magill; 3.3 Tierce Ladbroke; 3.4 Oscar Bronner; 3.5 IMS Health; 3.6 Microsoft; 4 IPRs and Section 2 of the US Sherman Act; 4.1 Xerox; 4.2 Kodak; 4.3 Other relevant cases and principles; 4.3.1 Essential facility doctrine; 4.3.2 Monopoly leveraging doctrine; 5 Conclusion; 3 IPRs and standard setting: functions and rules; 1 Introduction; 2 Standards; 2.1 De facto v de jure standards.
- 2.2 Proprietary and open standards2.2.1 Proprietary v non-proprietary standards; 2.2.2 Open v closed standards; 2.2.3 Benefits of rewarding standards; 3 Standardization processes; 3.1 Fora and consortia; 3.2 Formal standard-setting organizations; 4 Policy rules; 4.1 Search rules; 4.2 Disclosure rules; 4.2.1 Timing of disclosure; 4.2.2 Subject of disclosure; 4.3 Licensing rules; 4.3.1 FRAND
- meaning of fair and reasonable terms; 4.3.1.1 The Georgia Pacific test; 4.3.1.2 The numeric proportionality rule; 4.3.1.3 Economic models; 4.3.1.4 Arbitration.
- 4.3.2 FRAND
- meaning of non-discriminatory royalties4.3.3 Alternative model to (F)RAND licensing; 4.3.4 Patent pools; 5 Conclusion; PART TWO Anticompetitive conduct and standardization; 4 The interaction IPRs-competition in standard setting; 1 Introduction; 2 The interplay between standards and competition; 3 Patent ambush; 3.1 US v EU approach; 3.2 How to solve the ambush issue?; 3.3 The (F)RAND model; 3.4 Ex ante negotiation of royalties; 3.4.1 Advantages of ex ante joint negotiation; 3.4.2 Faults of ex ante joint negotiation; 3.4.3 Collusion: bogus issue or real concern?