Intellectual Property Rights and Competition in Standard Setting

Objectives and tensions

Nonfiction, Reference & Language, Law, Antitrust, Intellectual Property
Cover of the book Intellectual Property Rights and Competition in Standard Setting by Valerio Torti, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Valerio Torti ISBN: 9781317376644
Publisher: Taylor and Francis Publication: October 5, 2015
Imprint: Routledge Language: English
Author: Valerio Torti
ISBN: 9781317376644
Publisher: Taylor and Francis
Publication: October 5, 2015
Imprint: Routledge
Language: English

Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms.

This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Competition and intellectual property rights (IPRs) are both necessary for a market to work efficiently and to promote consumer welfare. Properly applied, intellectual property rules define a legal framework which allows undertakings to profit from their inventions. This in turn encourages competition among firms and enhances dynamic efficiency, to the benefit of consumer welfare. Standard setting represents one of the fields where the interaction between competition law and IPRs clearly comes to light. The collaborative goal of standard setting organizations (SSOs) is to adopt and promote standards that either do not conflict with anyone’s right or, if they do, are developed under condition that patents are licensed under defined terms.

This book examines the tension between IPRs and competition in the standard setting field which can arise when innovators over-exploit the rights they have been granted and hold up an entire industry. The book compares EU and U.S. jurisdictions with a particular focus on the IT and telecommunication sectors. It scrutinizes those practices which could harm standard setting and its goals, looking at misleading conducts by SSOs’ members which may lead to breach the EU and U.S. antitrust provisions on abuse of market power. Recent developments in EU and U.S. standard setting are analysed highlighting the differences in enforcement approaches. The book considers how the optimal balance between IPRs and industry standards can be struck, suggesting a policy model which takes into account both innovators’ interests and SSOs’ goals.

More books from Taylor and Francis

Cover of the book Technological Transformation in the Third World: Volume 3 by Valerio Torti
Cover of the book Taoism by Valerio Torti
Cover of the book The Multilateral Trading System and Human Rights by Valerio Torti
Cover of the book Crime and Insecurity by Valerio Torti
Cover of the book Exploring childhood in a comparative context by Valerio Torti
Cover of the book East-West Dialogue in Knowledge and Higher Education by Valerio Torti
Cover of the book Piety and Patienthood in Medieval Islam by Valerio Torti
Cover of the book A Critical Auto/Ethnography of Learning Spanish by Valerio Torti
Cover of the book Development Betrayed by Valerio Torti
Cover of the book Iconoclasm and Later Prehistory by Valerio Torti
Cover of the book White News by Valerio Torti
Cover of the book Visions of Venice in Shakespeare by Valerio Torti
Cover of the book Psychoanalysis and Severe Handicap by Valerio Torti
Cover of the book Restoring Christ's Church by Valerio Torti
Cover of the book The Historiography of Economics by Valerio Torti
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy