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Patent Pledges: Global Perspectives on Patent Law's Private Ordering Frontier

Patent Pledges: Global Perspectives on Patent Law's Private Ordering Frontier

Author: Jorge L. Contreras; Meredith Jaco
Publisher: Edward Elgar Publishing
ISBN: 9781785362484
Published In: March 2017
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

Patent holders are increasingly making voluntary, public commitments to limit the enforcement and other exploitation of their patents. The best-known form of patent pledge is the so-called FRAND commitment, in which a patent holder commits to license patents to manufacturers of standardized products on terms that are "fair, reasonable and non-discriminatory." Patent pledges have also been appearing in fields well beyond technical standard-setting, including open source software, green technology and the biosciences.

This book explores the motivations, legal characteristics and policy goals of these increasingly popular private ordering tools. Jorge Contreras and Meredith Jacob bring together work by more than a dozen international experts who examine the phenomenon of patent pledges from a variety of perspectives and analytical frameworks. The book assesses patent pledges as mechanisms for facilitating platform promotion, open innovation, economic development and environmental sustainability.

Legal practitioners who are involved in intellectual property licensing, litigation and business transactions will find this book a key resource, as will in-house lawyers and managers at firms engaged in technology development and standardization. It will also be a key reference for scholars in law, economics, business and political science.
Introduction

Part I: Landscape of Patent Pledges
1. A Patent Pledge Taxonomy Jorge L. Contreras
2. Unilateral Patent Pledges - Motivations and Key Principles Duane R. Valz
3. Red Hat, Open Source and Patent Pledges Mark Bohannon
4. Patent Sharing in Biotechnology Dov Greenbaum
5. Patent Pledges In Green Technology Bassem Awad
6. Making Environmentally Beneficial Patents Available Through the Eco-Patent Commons Scott Schang

Part II: Litigation Involving Patent Pledges
7. Patent Pledge Enforcement Theories Jorge L. Contreras
8. Patent Pledges at the U.S. International Trade Commission Elizabeth I. Winston
9. Voluntary Patent Pledges: Enforcement in Germany Catharina Maracke and Axel Metzger

Part III: Competition Law and Patent Pledges Around the World
10. Is Patent Reform via Private Ordering Anticompetitive? An Analysis of Open Patent Agreements Matthew W. Callahan and Jason M. Schultz
11. Enforcing Patent Pledges Under EU Law Rafal Sikorski
12. Patent Pledges and Antitrust Law in Brazil Ricardo Sichel
13. Patent Pledge Enforcement in China Elizabeth Xiao-Ru Wang
14. Patent Pledges: Korean Perspectives Sang-Seung Yi and Yoonhee Kim

Part IV: Patent Pledges and Innovation
15. The Informational Effects Of Patent Pledges Clark D. Asay
16. Open Innovation And Patent Pledges Mariateresa Maggiolino
17. The Role of Patent Pledges in the Cloud Liza Vertinsky
18. Patent Pledges and Developing Countries: The Tryst with India's Destiny Tania Sebastian

Part V: Patent Pledges Moving Forward
19. How to Make and Keep a Patent Pledge Timothy Simcoe
20. A Registry for Patent Pledges Jorge L. Contreras
21. Overcoming Information Asymmetry in Patent Pledge Records Nicole Shanahan
22. Best Practices for Making Patent Pledges Meredith Jacob

Index