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Standards, Patents and Transparency

Draft Regulation – The EU Commission Proposes A New Framework For...

By:  Peter Camesasca, Martin Juhasz & Tristan Reis (Covington Competition) Under the aegis of DG GROW, but in close consultation with DG COMP, the Commission seeks to address...
8-THE INTERACTION OF IPRs AND ANTITRUST: FROM THE PERSPECTIVE OF CHINESE PRIVATE ANTITRUST LITIGATIONS By Hao Zhan, Ying Song & Ruichen Liu

The Interaction of IPRs and Antitrust: From the Perspective of Chinese...

In recent years, the complicated relationship between intellectual property rights and antitrust have drawn increasing attention of Chinese courts in private antitrust litigations. China’s...
IEEE’s Efforts to Placate its Adversaries

IEEE’s Efforts to Placate its Adversaries By Making Minor Changes to...

By Emily Luken & James Tierney1   The Institute of Electrical and Electronics Engineers’ (“IEEE”) recent updates to its Patent Policy for standards development, while...
Patent

Patent Pools, Innovation, and Antitrust Policy

By: Alden Abbott (Truth on The Market) Late last month, 25 former judges and government officials, legal academics and economists who are experts in antitrust...
A Review of the Development of SEP-Related Disputes in China

A Review of the Development of SEP-Related Disputes in China and...

By Wei Huang, Fan Zhu, Bei Yin, & Xiumin Ruan*   Since the issuance of the judgment of Huawei v. InterDigital Corporation (“IDC”) in 2013, disputes...
Huawei

FRAND Royalty Base: Will Chinese Courts More Likely Accept the Component...

By Yan Wang, Da Shi, Yue Li, Shasha Zhou*   I. Introduction On June 17, 2022, Huawei announced it had entered into a patent licensing...
1-INTELLECTUAL PROPERTY AND TRANSACTIONAL CHOICE: RETHINKING THE IP/ANTITRUST DICHOTOMY By Jonathan M. Barnett

Intellectual Property and Transactional Choice: Rethinking the IP/Antitrust Dichotomy

It is common to characterize patents as monopolies.  This assumption, which underlies the standard dichotomy between intellectual property and antitrust law, is challenged by...
4-FRIENDLY FIRE: HOW THE BIDEN ADMINISTRATION’S INNOVATION POLICY IS UNDERMINING U.S. NATIONAL SECURITY By Kristen Osenga

Friendly Fire: How the Biden Administration’s Innovation Policy is Undermining U.S....

Although the United States has long been a leader in innovation and an active participant in standards development activities, recent policy developments may discourage...
5-A WIDER-APERTURE LENS FOR COMPETITION POLICY: ANTITRUST IN THE CONTEXT OF SYSTEMIC COMPETITION FROM CHINA By David J. Teece

A Wider-Aperture Lens for Competition Policy: Antitrust in the Context of...

The growth of China and President Xi’s policies have transformed the global economy in ways that competition policy and business strategies have yet to...
6-NATIONAL FRAND RATE-SETTING LEGISLATION: A CURE FOR INTERNATIONAL JURISDICTIONAL COMPETITION IN STANDARDS-ESSENTIAL PATENT LITIGATION? By Jorge L. Contreras

National FRAND Rate-Setting Legislation: A Cure for International Jurisdictional Competition in...

The willingness of national courts to set global FRAND royalty rates for patents that are essential to key industry standards has led to international...
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