Posts Tagged ‘EU’

A “Single Market for Intellectual Property Rights” in a Global world of standards and competition policies

Tuesday, June 7th, 2011

The IPR Strategy recognizes explicitly that IPRs create a host of ways for innovators to extract value and reward, and that each is valid. It recognizes that businesses should not be hampered in finding new models to value their IPR. Most strikingly for the standards world, the Communication expressly recognizes in the context of standardization that licensing is an important part of it and that “many European companies nowadays generate a large part of their revenue through licensing of their IP portfolios (page 5)”. The IPR strategy only refers to standardization once, at page 5, and it is interesting that the text looks only at the importance of IP licensing regimes (and by implication the success of the current FRAND patent policy underlying the global standards world), not only in fostering take up for standards, but in incentivizing repeat contributions to allow the standards to evolve. However, as relates the text’s reference to ‘diligent management of IPR’, the management of IPR should be based on commercial decisions, not state involvement (as occurs in copyright). The GSM patent pool model is not necessarily capable of replication.  The success of UMTS, also referred to in the Communication is based on an open licensing model.  It is up to the owners of IPR to decide how best to manage their IPR, and if they are considering joining a standards organizations that standards organization’s IPR rules are clear and balanced so that potential members can make decisions about participation.
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A Single Market for IPR – Necessary, but not Comprehensive Enough to Boost Innovation and Growth in Europe

Tuesday, June 7th, 2011

The Communication of the European Commission about a “Single Market for Intellectual Property Rights” provides a comprehensive approach of initiatives covering all relevant Intellectual Property Rights (IPRs).  All proposed initiatives are justified based on the current knowledge about the economic impacts of IPRs and other intangibles on companies’, but also economies’ competitiveness and growth. Furthermore, the current fragmentation of the markets for IPRs in Europe is certainly a disadvantage for European companies especially related to the United States of America, Japan and, meanwhile, also China. However, the approach is not comprehensive enough to boost innovation in Europe.


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Putting Knowledge into Practice

Tuesday, June 7th, 2011

Most European-based institutions – not least the European Commission – consider IPRs to be an important aspect (among other issues) in the EU’s ability to compete in the global economy, as EU growth and jobs are hampered when ideas, brands and products are counterfeited and pirated.

Indeed IPRs, including patents, trademarks, design rights and copyrights, can serve as incentives for innovation and can help identify trusted producers. In this context, there is no doubt that the latest Strategy for European Intellectual Property Rights reflects the belief in the IP system as a power-hub for innovation in Europe.

Yet the success of this strategy does not only depend on the EU’s ability to effectively implement this strategy, not least with regard to the registration, protection and enforcement of IPRs in Europe.


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Upcoming: Balancing Antitrust and IPR Protection in EU Legislation

Tuesday, June 7th, 2011

The IPR Strategy recognizes explicitly that IPRs create a host of ways for innovators to extract value and reward, and that each is valid. It recognizes that businesses should not be hampered in finding new models to value their IPR. Most strikingly for the standards world, the Communication expressly recognizes in the context of standardization that licensing is an important part of it and that “many European companies nowadays generate a large part of their revenue through licensing of their IP portfolios (page 5)”. The IPR strategy only refers to standardization once, at page 5, and it is interesting that the text looks only at the importance of IP licensing regimes (and by implication the success of the current FRAND patent policy underlying the global standards world), not only in fostering take up for standards, but in incentivizing repeat contributions to allow the standards to evolve…..


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Upcoming: A Single Market for IPR – Necessary, but not comprehensive enough

Tuesday, June 7th, 2011

The Communication of the European Commission about a “Single Market for Intellectual Property Rights” provides a comprehensive approach of initiatives covering all relevant Intellectual Property Rights (IPRs). However, the approach is not comprehensive enough to boost innovation in Europe……


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Upcoming: Putting Knowledge into Practice

Monday, June 6th, 2011

Most European-based institutions – not least the European Commission – consider IPRs to be an important aspect (among other issues) in the EU’s ability to compete in the global economy, as EU growth and jobs are hampered when ideas, brands and products are counterfeited and pirated.


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Standards as Crucial Element for the Implementation of the Single Market in Services

Tuesday, May 31st, 2011

The extension of the European legislation, i.e. the New Approach, on the European standardisation system to extend it to services was overdue reflecting the crucial and – despite the economic crises – still increasing relevance of the service sector for the economic development of the European economy.

Due to the different modes of service trade, European standards for services do not only promote the traditional trade of services, but also the other forms like foreign direct investments in service companies. This removal of barriers will increase the competition in service markets. However, the full potential of service standards for the promotion of trade, competition and employment will only be exploited if a sufficient number of service standards are available.
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A Tale of Three Cities

Wednesday, May 11th, 2011

The launch of concurrent efforts to implement standards-based infrastructural re-engineering of massive proportions in three separate political, geographic, and economic settings provides an unparalleled opportunity to compare what works – and what doesn’t – in the modern world.  Those settings are China, Europe and the United States.

Consider the differences:


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Week in Standards – Week 16, 2011

Wednesday, April 20th, 2011

As we near the end of the month and the Easter break, a lot has happened in the world of standards. Next week, we will post a monthly summary but for this week, here are the latest developments in Standards. Please feel free to leave any comments/suggestions in the comment section below.
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Worth Reading: A Tale of Two Tragedies – A plea for open standards

Monday, April 18th, 2011

A Tale of Two Tragedies – A plea for open standards” by Maurits Dolmans – published recently in the “International Free and Open Source Software Law Review” (www.ifosslr.org/ifosslr) – contrasts and compares the benefits of royalty-free licensing to that of FRAND in the context of the European ICT sector and examines a number of proposed criteria for defining an Open Standard.
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