Contents
- Introduction: The Value of Patents and the Evolution of Licensing
- The History and Evolution of Patent Pools
- Biotechnology and Patent Pooling: Antitrust issues in the US
- Patent Pools and Competition Law: The EU Approach
- Essential Facilities, Tying Arrangements, and Open-Source Structure
- Biotechnology and Patent Pooling: A Way Forward
- The Structure of Pools
- Conclusion
Patents and Their Value
Cross Licensing
Revenue Neutral License
Cross Licensing and the Migration towards Patent Pooling
Patent Pools
The Development of Standard-Setting Pools
Standard-Setting Pools
The Tying of Antitrust with Patents
Standard Oil
Hartford-Empire
Nine No-Nos (post Standard Oil and Hartford-Empire)
The Guidelines of 1995
The Modern Approach and General Principles of Antitrust Analysis
Tying
General Approach
Technology Pools
The Composition of the Pool
European Union Regulations
The Assessment of Pools
The Concept of Essential Facilities
The EU Approach to Essential Facilities
The US Approach to Essential Facilities
Tying Arrangements
Open-Source Arrangement
Pooling and Biotechnology
The Application of Pooling
Information Pools (Upstream Pools)
Technology Pools (Downstream Pools)
Introduction
Rationale in Pooling
The Distinction between Standard-Setting and Non-Standard-Setting Pools
The Structure of the "Proposed" POOL (Twin Whorl Arrangement)
Licensing Provisions
Summary
Summary
Biography
Devdatta Malshe is an independently practicing attorney and was editor of Industrial Property Law Reporter (2002–2008), based in Mumbai, India.
