Extra-Jurisdictional Remedies Involving Patent Licensing

Extra-Jurisdictional Remedies Involving Patent Licensing

By Koren Wong-Ervin, Bruce H. Kobayashi, Douglas H. Ginsburg & Joshua D. Wright –  This article discusses the various approaches taken by competition agencies thus far on extra-jurisdictional remedies, as exemplified by four recent decisions: one by the FTC against Google/MMI; two by DG Comp against Motorola and Samsung, respectively; and one by China’s NDRC against […]

Challenge Restraints And The Scope Of The Patent

Challenge Restraints And The Scope Of The Patent

By Erik Hovenkamp – Challenge restraints are used within a variety of different patent agreements – ranging from ordinary licensing deals to “reverse settlements” – with varying competitive effects.However, the courts have failed to recognize challenge restraints as a distinct antitrust issue. This brief article explains why they ought to be viewed as such. The analysis […]

Network Neutrality in an Increasingly Diverse World

Network Neutrality in an Increasingly Diverse World

By Christopher S. Yoo – Over the course of the last year, regulatory interest in network neutrality has intensified. This analysis suggests the need to understand the trade offs inherent in any decision to standardize around any particular design and to appreciate that any such standardization can have hidden costs. Only by framing standardization as a […]

Engineering Competition Through Spectrum Policy: Previous Approaches and Why 5G Needs Change

Engineering Competition Through Spectrum Policy: Previous Approaches and Why 5G Needs Change

By Martin Cave & William Webb – This paper reviews recent developments in “marketizing” spectrum, but it also addresses new approaches to spectrum management based upon sharing, either via so-called spectrum commons or by a more limited set of users. This method is particularly apposite to the next great challenge facing spectrum management, the development […]

The Advent of 5G: Should Technological Evolution Lead to Regulatory Revolution?

The Advent of 5G: Should Technological Evolution Lead to Regulatory Revolution?

By Peter Alexiadis & Tony Shortall – A question which the authors seek to address is whether the broad political commitment to fulfilling 5G objectives across the EU by 2025 can somehow be aligned with the technological changes that will be effected by this new technology and the regulatory changes that might be necessary to accommodate […]

OTT are Ubers and ECS are Taxis. Or Not?

OTT are Ubers and ECS are Taxis. Or Not?

By Raymundo Enriquez & Gerardo Calderon – In this article, the authors discuss the views of actors from the established Electronic Communication Services, who support regulating services, and views from new Over-The-Top services providers, who argue against being subject to such regulations. The article also focuses on the disruptive effect that OTT services have on the […]

CPI Talks: Seminar – The role of Antitrust in licensing disputes in ICT sector, Singapore – April 2016.

CPI Talks: Seminar – The role of Antitrust in licensing disputes in ICT sector, Singapore – April 2016.

Transcript of our seminar “The Role of Antitrust in Licensing Disputes in the ICT Sector” – In this transcript our readers will find an enriching debate among our four outstanding speakers, David Evans, Christopher Yoo, Dina Kallay and Judge Douglas Ginsburg, on topics such as hold up and hold out, the role of SSO and […]

Standards Setting, Standards Development and Division of the Gains from Standardization

Standards Setting, Standards Development and Division of the Gains from Standardization

By David J. Teece and Edward F. Sherry – According to this article, standards development frequently involves significant R&D and related investments by technology contributors. These contributions benefit the standard setting process and therefore the implementers that use the standards, and consumers that buy the product. It is important that technology contributors are rewarded for […]

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

By Justus A. Baron, Chryssoula Pentheroudakis & Nikolaus Thumm – This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative […]

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

FRAND Arbitration: The Determination of Fair, Reasonable and Non-Discriminatory Rates for SEPs by Arbitral Tribunals

By Damien Geradin – This paper addresses an important policy question, which is whether SEP-related disputes should be subject to mandatory arbitration (as a requirement imposed by SSOs) or whether arbitration should remain one of the possible options open to the parties to settle such disputes. Parties should be free to opt for arbitration, as […]

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