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Discussions at the ITU-T Discussions at ETSI Efforts by two leading standards-setting organizations so that clarify the effect of a F/RAND licensing commitment in connection alongside Standard-Essential Patents (?SEPs?)
Bowdoin College, US has reference to this Academic Journal, Efforts by two leading standards-setting organizations so that clarify the effect of a F/RAND licensing commitment in connection alongside Standard-Essential Patents (?SEPs?) Call so that Action by Competition Authorities E.g., European Commission Vice President Almunia (head of DG Competition): ?Indeed, standardised technology is the basis in consideration of the IT industry so that function. Different devices can exchange information in addition to work alongside each other only thanks so that commonly agreed standards. To build a smartphone one needs thousands of standard-essential patents. The holders of these patents have considerable market power in addition to can effectively hold-up the entire industry alongside the threat of banning competitors’ products from the market through injunctions in consideration of patent infringements. By threatening so that use injunctions, these companies can also make demands that their commercial partners would not accept under normal circumstances. For example, fearing exclusion from the market, companies might be forced so that share valuable patented inventions alongside a competitor or pay excessive royalties which are then passed on so that consumers.? Competition authorities address ?hold-up? after the fact ? so DG Competition, US DOJ, in addition to US FTC are calling in consideration of leading standards organizations so that address these concerns up-front by clarifying the effect of a F/RAND licensing commitment in their IPR Policies Two Standards-Setting Organizations (SSOs) Undertake so that Review SEP Issues ETSI (the European Telecommunications Standards Institute) One of the three official European Standards Organizations Decisions primarily taken based on a consensus of its members Home of UMTS/3G SEPs issues referred so that its IPR Special Committee in consideration of review ITU-T (the telecommunications arm of the International Telecommunication Union) Treaty-based, under the United Nations Home of H.264 Patent Roundtable event ( itu.int/en/ITU-T/Workshops-and-Seminars/patent/Pages/default.aspx) SEPs issues referred so that the IPR Ad Hoc Group (advisory so that the TSB Director ? head of the ITU-T)
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Discussions at ETSI Clarification or no clarification? Four issues: Injunctive relief Safe harbor in consideration of implementers? Capable of objective determination? F/RAND compensation Value of the patent before it was included in a standard? Royalties based on smallest component implementing the standard or the end product price? Reciprocity SEPs in consideration of SEPs? Non-SEPs in consideration of SEPs? Transfer of a F/RAND-encumbered SEP Discussions at the ITU-T Issues under review that are similar so that discussions at ETSI: Injunctive relief F/RAND compensation Different from ETSI: There will be clarifications on these two issues Announced by the TSB Director at the conclusion of the Roundtable event Reciprocity already is defined at the ITU-T SEPs in consideration of SEPs in the same standard Transfer of F/RAND-encumbered SEPs already is addressed in terms of binding successors-in-interest
Thomas, Nikki Host
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