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This open access book presents global perspectives and developments
within the information and communication technology (ICT) sector,
and discusses the bearing they have on policy initiatives that are
relevant to the larger digital technology and communications
industry. Drawing on key developments in India, the USA, UK, EU,
and China, it explores whether key jurisdictions need to adopt a
different legal and policy approach to address the unique concerns
that have emerged within the technology-intensive industries. The
book also examines the latest law and policy debates surrounding
patents and competition in these regions. Initiating a
multi-faceted discussion, the book enables readers to gain a
comprehensive understanding of complex legal and policy issues that
are beginning to emerge around the globe.
This open access book presents global perspectives and developments
within the information and communication technology (ICT) sector,
and discusses the bearing they have on policy initiatives that are
relevant to the larger digital technology and communications
industry. Drawing on key developments in India, the USA, UK, EU,
and China, it explores whether key jurisdictions need to adopt a
different legal and policy approach to address the unique concerns
that have emerged within the technology-intensive industries. The
book also examines the latest law and policy debates surrounding
patents and competition in these regions. Initiating a
multi-faceted discussion, the book enables readers to gain a
comprehensive understanding of complex legal and policy issues that
are beginning to emerge around the globe.
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 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.
The book examines innovation in environment-friendly technologies
in the automobile industry. The focus of the book are Germany (a
technology leader in the global automobile industry), on the one
hand, and India, China and Brazil (technologically proficient
emerging technology leaders) on the other hand. Patents have been
used as a metric to measure and understand innovation. The book
traces the evolution of regulatory standards in the automobile
industry, relies on a unique patent dataset, and draws on a number
of interviews conducted with regulators and engineers to get a
better picture of how environmental policies and standards,
including emission norms and fuel requirements, have developed
overtime and now the industry has responded. The book's core
argument is that technological innovation is what has driven the
industry in the past 125 years, but, at the same time, the industry
has created problems and faced controversies with regard to its
path dependency on carbon-intensive technologies. As a result, we
have witnessed growing role of environmental regulators in ensuring
that the growth path of the automobile industry, a powerhouse of
growth of several economies, is aligned with the larger goals of
addressing climate change and energy concerns. Against the backdrop
of the emergence of Brazil, China and India in the global economy,
the book focuses on the developments in these three countries, and
draws parallels with Germany, which benefited from first mover
advantage in technology and a substantial head-start in
implementing cogent environmental policies. A standardized
International Patent Classification (IPC) system has been used to,
first, construct an index of regulatory stringency, based on
regulations that came about between 1985 and 2010; and second,
construct a unique cross-country weighted patent dataset for
technologies invented in the past two and a half decades.
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