Die "IT Infrastructure Library" (ITIL) gilt heute als weltweit führender De-facto-Standard für das IT-Servicemanagement (ITSM). Obwohl der Standard mittlerweile in der in 2007 veröffentlichten dritten Version vorliegt, haben Datenschutzbelange bis heute kaum Eingang gefunden. Das...

Many high technology goods are based on standards that require access to several patents that are owned by different IP holders. We investigate the royalties chosen by IP holders under different market structures. Vertical integration of an IP holder and a downstream producer solves the double...

Many observers have voiced concerns that standards create essentiality and thus monopoly power for the holders of standard essential patents (SEPs). To address these concerns, Lerner and Tirole (2015) advocate structured price commitments, whereby SEP holders commit to the maximum royalty they...

Standardization may allow the owners of standard-essential patents to charge royalty rates exceeding those that would have been negotiated ex ante. In practice, however, standard-setting efforts are often characterized by repeated interaction and complementarities among technologies. These...

Should there be limits on startup acquisitions by dominant firms? Efficiency requires that startups sell their technology to the right incumbents, that they develop the right technology, and that they invest the right amount in R&D. In a model of differentiated oligopoly, we show distortions...

There is considerable controversy about the relative merits of the apportionment rule (which results in per-unit royalties) and the entire market value rule (which results in ad-valorem royalties) as ways to determine the scope of the royalty base in licensing negotiations and disputes. This...

This paper has sought to provide a balanced, evidence-driven policy governance framework for SEP licensing by highlighting both the theoretical and historical use of private and public ordering mechanisms in the mobile economy. Included is a broad investigation of (1) the EC’s impact...

Report of the Expert Group of the European Commission on licensing and valuation of standard essential patents (SEPs). The report provides an analysis of the current SEP licensing landscape and identifies a number of issues important to the future of SEP licensing. The report includes proposals...

The rise of the Internet of Things (IoT) and the development of 5G are set to add a new layer of complexity to the current practice of standard essential patents (SEPs) licensing. While, until recently, the debate has centred on the nature of fair, reasonable and non-discriminatory (FRAND)...

Indigenous and Tribal peoples’ right to free, prior and informed consent (FPIC) has transformative potential. Yet, there is a considerable gap between the theory and what happens in practice. Global actors supporting recognition of FPIC and effective prior consultation processes usually focus...