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Essential inputs and innovation, between standardisation and ‘coopetition’. Session 2

by | May 31, 2019 | Activities, Policy Study

Essential inputs and innovation, between standardisation and ‘coopetition’. Session 2

by | May 31, 2019 | Activities, Policy Study

Introduction: APIs and SEPs as essential inputs in the digital ecosystem.

 

Section 2: SEPs, FRAND determination, and effects on innovation

  1. The SSO and SEP, market power and cooperation.
  2. The Economic rationale of FRAND commitments: hold up v. reverse hold up.
  3. FRAND commitments and injunctive reliefs: striking a balance between the interests and aims of SEPs holders and implementers
  4. Definition of FRAND licensing terms: EU and US approach; proposals (ex ante licensing)
  5. The Huawei etiquette and its implementation in the post-Huawei (German and UK) case law: patent assertion entities; parties’ duties; FRAND single rate v. FRAND range
  6. Uncertainty and its effects (litigation costs; willingness to join SSOs; innovation)