Patent Pledges
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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


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About the Book

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. Contributors include: C. Asay, B. Awad, M. Bohannon, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, S. Scott, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. Yi

Table of Contents:
Contents: 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. Patent Sharing in Biotechnology Dov Greenbaum 4. Patent Pledges In Green Technology Bassem Awad Part II: Litigation Involving Patent Pledges 5. Patent Pledge Enforcement Theories Jorge L. Contreras 6. Patent Pledges at the U.S. International Trade Commission Elizabeth I. Winston 7. Voluntary Patent Pledges: Enforcement in Germany Catharina Maracke and Axel Metzger Part III: Competition Law and Patent Pledges Around the World 8. Is Patent Reform via Private Ordering Anticompetitive? An Analysis of Open Patent Agreements Matthew W. Callahan and Jason M. Schultz 9. Enforcing Patent Pledges Under EU Law Rafal Sikorski 10. Patent Pledges and Antitrust Law in Brazil Ricardo Sichel 11. Patent Pledge Enforcement in China Elizabeth Xiao-Ru Wang 12. Patent Pledges: Korean Perspectives Sang-Seung Yi and Yoonhee Kim Part IV: Patent Pledges and Innovation 13. The Informational Effects Of Patent Pledges Clark D. Asay 14. Open Innovation And Patent Pledges Mariateresa Maggiolino and Maria Lillà Montagnani 15. The Role of Patent Pledges in the Cloud Liza Vertinsky 16. Patent Pledges and Developing Countries: The Tryst with India’s Destiny Tania Sebastian Part V: Patent Pledges Moving Forward 17. How to Make and Keep a Patent Pledge Timothy S. Simcoe 18. A Registry for Patent Pledges Jorge L. Contreras 19. Overcoming Information Asymmetry in Patent Pledge Records Nicole Shanahan 20. Best Practices for Making Patent Pledges Meredith Jacob Index

About the Author :
Edited by Jorge L. Contreras, Distinguished University Professor and James T. Jensen Endowed Professor for Transactional Law, University of Utah S.J. Quinney College of Law and Meredith Jacob, Assistant Director, Program on Information Justice and Intellectual Property, American University, Washington College of Law, US

Review :
'Patent Pledges Global Perspectives on Patent Law’s Private Ordering Frontier, is a must-read for anyone involved in technology development and standardization. The authors analyze the complexity of patent pledges in a clear and concise manner. Moreover, even though the book is addressed to practitioners in the field of IP licensing, litigation, technology development, and standardization, the way in which the content is addressed makes the book useful as well for scholars in various fields.'


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Product Details
  • ISBN-13: 9781785362484
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 234 mm
  • No of Pages: 360
  • Width: 156 mm
  • ISBN-10: 1785362488
  • Publisher Date: 31 Mar 2017
  • Binding: Hardback
  • Language: English
  • Sub Title: Global Perspectives on Patent Law’s Private Ordering Frontier


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