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In patent communities, several patentees cooperate contractually to license the respective patented technologies to third parties. In consideration of the rising relevance of this business practice, this dissertation discusses crucial courses and strategic considerations - which are the basis for the establishment of patent communities, both in legal and empirical regard - in order to identify the optimal conditions for successful conversion in a competitive surrounding. Thus, the best conditions for the promotion of innovation are to be created. In this regard, the composition and the structure are examined within such communities, with special consideration of the nature of the contained technologies (e.g. "complementary" contrary to "substitute" technologies). Furthermore, the study is completed by taking into account the regulation of the EU and of the US. Dissertation.
In todayand’s fast-paced and ultra-competitive high-tech environment, an effectively managed patent licensing program is a must. The Second Editio n of Drafting Technology Patent License Agreements shows you how to achieve one. This valuable resource covers all of the legal and business transactional issues you are likely to encounter during the drafting and negotiation of patent licensing agreements. It guides you step-by-step through the unique aspects of the implementation of a patent licensing program for computers, electronics, telecommunications, and other industries, and it clarifies the issues involved in the enforcement and litigation of these patents. Youand’ll find incisive legal analysis on complex issues including: How to implement an aggressive and well-managed patent licensing program How to evaluate a patent or portfolio for licensing How to identify industry segments and select potential licensees How to discuss terms with industry targets How to formulate an effective licensing strategy How to use databases effectively in patent practice How to organize a licensing team How to file a patent infringement lawsuit And many more critical issues like these. Included with this key resource are 40 time-saving forms on the bonus CD-ROM: Forms for establishing a new technology company using patented technology Confidentiality agreements (for a third-party vendor, third party evaluation, or consultant) A projected royalty stream analysis A semiconductor technology cross-licensing agreement Software technology license agreements Model licensing and patent agreements for the telecommunications industry And many more!
Exploring the relationship between competition law and technology pools, this book provides general-purpose details of the biotechnology patent pool scheme while discussing historical developments, approaches of the US Department of Justice, Federal Trade Commission, and the European Union Competition Commission via EU regulations. In addition to these regulatory approaches and evolution in concept and theory of technology pools, this book illustrates relationship issues including tying arrangements and essential facility consideration vis-à-vis technology pools. It analyzes the modalities of forming such pools in the area of biotechnology, specifically illustrating that the formation of technology pools is possible and can be safely undertaken, and proposes a viable solution and structure. Patent pools in the biotechnology industry will pave the way towards open collaborative research, reducing patent thickets. Formation of such pools will increase access to various technology and patents otherwise out of bounds, resulting in a reduction of licensing costs and a spur in the development of new solutions. Most importantly, such pools will reduce the frequency of patent toll gates, making the entire spectrum of research interesting from the perspective of researchers as well as investors. This book will be an aid to researchers studying intellectual property, patents, and biotechnology, as well as to interest groups including funding agencies, venture funds, angel investors, and proponents of the open-source movement.
Examining the general principles of liability and focusing on the concept of duty, this book provides reference for practitioners and academics. It considers key developments in legislation, including the Human Rights Act. It contains an analysis of case law with footnotes, and also considers legislative developments and their implications
This Cambridge Handbook, edited by Roger D. Blair and D. Daniel Sokol, brings together a group of world-renowned professors in the fields of law and economics to assess the theory and practice of antitrust, intellectual property, and high tech. With the increased globalization of antitrust, a better understanding of how law and economics shape this interface will help academics, policymakers, and practitioners to understand the existing state of academic literature, its limits, and its relevance to real-world antitrust. The book will be an essential resource for anyone seeking to understand academic and policy considerations shaping the world of antitrust, intellectual property, and high tech.
This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.
This is the second edition of the Antitrust Section's handbook on the Department of Justice and Federal Trade Commission's Antitrust Guidelines for the Licensing of Intellectual Property. Like its predecessor, this volume provides a description of the enforcement agencies' antitrust policy with respect to the licensing of patents, copyrights, trade secrets, and know-how. It also is updated to reflect the pertinent developments since the agencies issued their Guidelines seven years ago. Since 1995, the agencies have initiated a wide variety of enforcement actions involving intellectual property and have pursued claims ranging from alleged price fixing among patent holders to allegedly anticompetitive settlements of infringement litigation. This book discusses these enforcement actions and the recent judicial decisions in this area and also provides some historical perspective on the agencies' current policy with respect to the licensing of intellectual property. The book includes the complete text of the 1995 Department of Justice and Federal Trade Commission Antitrust Guidelines for the Licensing of Intellectual Property.
"[This book] illustrates the growing importance of intellectual property transactions to business and the resulting attention such transactions receive in legislative, regulatory, and judicial areas. The new Eighth Edition tracks and discusses-clause by clause-all the critical components of patent and technology license agreements as well as non-disclosure agreements and collaboration agreements. The Eighth Edition also presents a current overview of all legal issues surrounding licensing including, patent exhaustion, antitrust, bankruptcy, Bayh-Dole, and export control. It includes new chapters on the UCC and licensing and on RAND licensing. Sample provisions include references to applicable legal and practical consequences. Major cases covered include Kimble v. Marvel Entertainment LLC; Azure Networks LLC v. CSR PLC; Helferich v. New York Times; STC.UNM v. Intel Corp.; Ericsson Inc. v. D Link Systems Inc.; Jaffe v. Samsung Electronics Co.; Microsoft Corp. v. Motorola Inc.; and FTC v. Actavis Inc."--