The paper begins with a comparative analysis of the evolutionary legal path adopted by United States, People's Republic of China and European Union with reference to the F/Rand commitments on Standard Essential Patents. In the light of the wide differences which characterize the above-mentioned...

The 5G mobile telecommunications standard is focusing increased attention on licensing of Standard Essential Patents (SEPs). SEP holders and technology implementers commit to negotiate license agreements on terms that are Fair, Reasonable, and Non-discriminatory (FRAND). Standard Setting...

This case study pertains to Intellectual Property Exchange International, Inc. (IPXI), which was formed in 2008 to create a market-based trading exchange for aggregated patent license rights, particularly standards-essential patents (SEPs). IPXI based its model on existing commodities exchanges,...

May 20, 2019 witnessed the promulgation of a judgement by the United States Supreme Court which settled a circuit split created by the Court of Appeals for the First Circuit and answered a question which was the subject of quandary for the American legal fraternity for more than 35 years. A...

The assertion that a 'license' is simply a 'contract not to sue' has become a commonplace in both copyright and patent law. I argue that this notion is conceptually flawed, and has become a straightjacket channeling juristic reasoning into unproductive channels. At root, a license is not a...

This article analyzes the legitimacy of the software license as a institution of governance for computer programs. The question of the open source license is used as a starting point. Having conducted a broader inquiry into the several possible bases for the legitimacy of software licensing in...

This paper explores the issue of apportionment through the determination of the appropriate royalty base in the adjudication of patent damages, or more precisely, FRAND royalties for standard essential patents (SEPs). Through the use of an intellectual value chain (IVC) framework, this paper...

NBC Universal's decision to use Creative Commons-licensed photographs in an Olympic broadcast is an example of how media conglomerates are experimenting with collaboration with amateurs, but it also reveals potential problems of letting nonlawyers negotiate copyright licensing agreements. In the...

The Hungárián Copyright Act (HCA) includes a separate chapter on the terms of license (“use”) contracts. The provisions of the HCA serve as lex speciális against the background of general and special rules of contract law codified by the Hungarian Civil Code (HCC). From a historical point...