Royalty stacking problem in the concept of frand: Striking a balance between the interest of a patentee and an implementer
Başlık çevirisi mevcut değil.
- Tez No: 721713
- Danışmanlar: DR. SİMON DACK
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2017
- Dil: İngilizce
- Üniversite: Unıversıteıt Leıden
- Enstitü: Yurtdışı Enstitü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
Standardization is a very important process that involves not only market players but also consumers from every age since technological products that work in harmony due to standardization, occupy large parts of our daily lives. Therefore, the problem that may occur in this process may have harmful effects both on the economy and social welfare. Accordingly, difficulties stemming from standard essential patents which play the key role in standardization must be examined closely and effective solutions must be brought. However, those are very sensitive issues that must balance all stakeholders' benefits without being favorable to one of them. To illustrate it better, if those problems are tried to be solved in a way that favor patentees, then widespread adoption of standards and the associated economic benefits may be threatened. Conversely, if a SEP owner could not be properly compensated for the value of the patented invention, then incentives of inventors to innovate might be impeded and this is also likely to lead to a reduction of public welfare. Apparently, social welfare is exposed to threat if an appropriate balance cannot be provided. The involvement of interests of different stakeholders makes these problems worthwhile to examine and be solved. For high technology products to be manufactured, they must be compatible with certain technological standards. Those standards incorporate patents that are called“standard essential patents”to make the end product work efficiently. To manufacture products without encountering infringement claims from patentees, manufacturers, in other saying implementers, need to have a license from every patentee that contributed to the standard. Considering huge number of patents embedded to one standard, while also taking into account the fact that even one product, such as smart phone, covers various standards, the complexity of negotiating with all patentees could be better understood. This process becomes more problematic when each patentee demands excessive royalties, called as holdup problem, to give a license for its patent. Stacking all royalties requested from patentees confront implementers with a prohibitive total royalty burden which leads to 'royalty stacking problem'. In this study, royalty stacking and accompanying problems are explained in detail. Reports conducted for the Commission to bring a solution to these problems are assessed with their advantages and disadvantages. Landmark court decisions from a number of different jurisdictions are also evaluated to enlighten problems and show various approaches of the same issue. Finally, having all of these perspectives in mind, we proposed some solutions to tackle royalty stacking problem with regard to standard essential patents.
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