This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative legal...

During the last few decades, the number of patents in information and communication technologies has increased considerably. An increasing number of patents and the associated fragmentation of IP rights have generated a series of potentially problematic consequences. Patent thickets, royalty...

In this paper, we analyze decision making on Intellectual Property Rights (IPR) policies in the standardization ecosystem. While a large literature has studied IPR policies of Standard Developing Organizations (SDOs), we contribute a more rigorous analysis of how these IPR policies are shaped by...

In the past decade SEP licensors and implementers of connectivity standards have increasingly used litigation as an instrument in their negotiations with the aim to reach a more favorable deal to them. The wider use of connectivity standards in various IoT-verticals means on the one hand that...

The subject of investigation of this book is the economic effect of intellectual property rights in general, and in particular, the harmonisation of such rights in Europe. The book is built upon two case studies. One is looking at the internal situation of the European Union by analysing the...

This article addresses companies’ filing behaviour in respect of patents relevant for standard-setting (“essential patents”). We discuss applicants’ incentives to achieve conformity of patent applications with technology standards under development. Based on these incentive structures,...