SEPs, SSOs and FRAND : Asian and Global Perspectives on Fostering Innovation in Interconnectivity book cover
1st Edition

Asian and Global Perspectives on Fostering Innovation in Interconnectivity

ISBN 9781032083292
Published June 30, 2021 by Routledge
412 Pages 5 B/W Illustrations

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Book Description

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?

Kung-Chung Liu

Part 1: The Formation of Standards and Some Economic Observations

2. De facto Standards

Jiyu Zhang

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

William Hubbard

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

Kung-Chung Liu

9. Japan

Masabumi Suzuki

10. Korea

Jinyul Ju

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

Feroz Ali

14. FRAND as a Legal Concept at the Intersection between Competition Law and Intellectual Property Law: The Road Ahead for Singapore?

Burton Ong

15. European Experiences: EU and Germany

Matthias Leistner

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

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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.