Standardization and Patent Licensing in the European Union

• Material Type: 図書
• ISBN: 9789526787404
• Title: Standardization and Patent Licensing in the European Union
• Author/Editor: Liguo Zhang.
• Series Title: Publication of IPR University Center ; 10 = IPR University Centerin julkaisuja ; 10
• Author Heading: Zhang, Liguo.
• Publication, Distribution, etc.: Helsinki : Oy Nord Print Ab
• Publication Date: 2012.
• Publication Date (W3CDTF): 2012
• Note (Dissertation): Thesis / Dissertation ETD
• Place of Publication (Country Code): FI
• Text Language Code: eng
• Note (Text Language): English
• Genre/Form Terms: Väitöskirja (monografia); Doctoral dissertation (monograph); Doktorsavhandling (monografi); Text
• Content Type: text
• Media Type: unmediated
• Carrier Type: volume
• Subject Heading: law
• NDLC: AE5-411; A463
• Target Audience: 一般
• Note (Content): The interaction between IPRs and standards has lately raised growing concerns in the information and communication technology (ICT) industry. These highly controversial issues include industry standards embracing proprietary technologies, excessive royalties for the use of proprietary technologies, and the refusal to grant licenses for the use of proprietary technologies. This study examines the patent licensing practice in the ICT industry, the EU’s regulation on intellectual property licensing and standardization, aims to find out how best to balance standardization and access to essential patents. The study applies entitlement theory to examine the two traditional approaches to facilitating exploitation of patented technology.; The market approach that suggests transaction can distribute technological resource to the one that value it most may not be effective because of the poor quality of patents in the industry and the high transaction costs resulting from the high fragmentation of technology and the use of patent for strategy purpose. The intervention approach that suggests applying compulsory license or rules of abuse of patent against patent holders may ignores right holder’s subjective valuation of rights and disrupt right holder’s plan to exploit the right based on that valuation, therefore the application of this approach is limited to only exceptional circumstances. Given that, the study suggests that a cooperative scheme that facilitates licensing of industry wide generally used technology, which mixes the market and intervention approaches, may be effective.; Firstly, global patent explosion, the division of technology creation from technology implementation, the convergence of complex technologies, and highly standard-dependent in the industry lead to the problems. Industry wide cooperation is needed in dealing with these common problems. Secondly, standards and patents are not in contradiction inherently. Patent holders may favor standardization as a; Patent system is designed to stimulate investment in R&D and invention and to stimulate public disclosure of technological information and further stimulate commercial exploitation of technology by granting paten owners exclusive rights over his invention. Industry standards are common language of industry which is generally used by each member of an industry. A patent grants an individual the right to exploit a piece of technology exclusively, while a standard is intended to identify a common pool of technology to be used by everyone. There is an obvious tension between the private character of patents and the public nature of standards. Because standards define design or performance characteristics that products or services must have, they inevitably overlap some claims of patents. When these patents are essential to a standard, it is unlikely for anyone to bypass them in implementing a standard.; In the wireless technology industry, on one hand, the technologies have been standardized to secure the seamless roaming worldwide, on the other hand, there are a larger number patents in the industry held by various companies. As a result, since 2001, almost all of the market players have been involved in patent infringement suits. These patent battles indicate the high transaction cost for acquiring necessary patents, which may impede the commercialization of technology and further innovation. This study examines the patent licensing practice in the ICT industry, the EU’s regulation on intellectual property licensing and standardization, aims to find out how best to balance standardization and access to essential patents. Traditionally the market approach suggests transaction can distribute technology to the one that value it most may not be effective. But the poor quality of patents and the high transaction costs may make the market approach inefficient.; The intervention approach suggests applying compulsory license or rules of abuse of patent to force patent holders t
• Source: Item Resolution URL; http://hdl.handle.net/10138/37636
• Holding library: 国立国会図書館
• Call No.: AE5-411-B222
• Data Provider (Database): 国立国会図書館 : 国立国会図書館蔵書; https://ndlsearch.ndl.go.jp
• Bibliographic ID (NDL): 025513772; http://id.ndl.go.jp/bib/025513772
• Cataloging Rule: RDA
• Bibliographic Record Category (NDL): 211