This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally.
The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards.
This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
Table of Contents
1. Introduction: As a Matter of Standard for Asia and Beyond?
Part 1: The Formation of Standards and Some Economic Observations
2. De facto Standards
3. De Jure Standard Setting in the Telecom Industry: Its Evolution and the Developing Country Case for Reform
Prashant Reddy Thikkavarapu
4. Standard Setting Organizations, Standard-Essential Patents and FRAND Terms: An Economic Observation
Felix Conde, Lanhua Li and Can Huang
Part 2: Beneficiaries and Enforcement of FRAND Declarations/Commitment
5. US Perspectives
6. Asian Perspectives
Jyh-An Lee and Sang Jo Jong
7. UK Perspectives
Peter Damerell and Tess Waldron
Part 3: Asian Case Law and Global Experiences
8. Unprepared, Unable and Unwilling to Deal with FRAND Licensing of SEPs in Taiwan
11. IPR Protection and Antitrust Regulation of SEPs in China
Liyang Hou and Mengchi Tian
12. Standard Essential Patents and FRAND Licensing: A View from India
Biswajit Dhar and Reji K. Joseph
13. The Paradox of Relief: Reconciling Remedies in Patent Law and Competition Law for FRAND Cases in India
14. FRAND as a Legal Concept at the Intersection between Competition Law and Intellectual Property Law: The Road Ahead for Singapore?
15. European Experiences: EU and Germany
Part 4: Regulated Self-regulation
16. Stakeholders’ Views on Policy Concerns and Regulatory Framework for Self-regulation by SSOs
Fair Standards Alliance and Shengtao Hu
17. Propositions for Regulated Self-regulation of SSOs
Kung-Chung Liu and Haoran Zhang
Kung-Chung Liu is Lee Kong Chian Professor of Law (Practice), Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) at Singapore Management University and also Professor at Renmin University of China.
Reto M. Hilty is Professor and Director of Max Planck Institute for Innovation and Competition, Germany.