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Patent Pledges

Global Perspectives on Patent Law’s Private Ordering Frontier Edited by Jorge L. Contreras, Associate Professor, S.J. Quinney College of Law, University of Utah and Meredith Jacob, Assistant Director, Program on Information Justice and Intellectual Property, American University Washington College of Law, US
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.
Extent: 360 pp
Hardback Price: $160.00 Web: $144.00
Publication Date: 2017
ISBN: 978 1 78536 248 4
Availability: In Stock
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  • Law - Academic
  • Intellectual Property Law
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: C. Asay, B. Awad, M. Callahan, J. Contreras, D. Greenbaum, M. Jacob, Y. Kim, M. Maggiolino, C. Maracke, A. Metzger, L. Montagnani, J. Schultz, T. Sebastian, N. Shanahan, R. Sichel, R. Sikorski, T. Simcoe, D. Valz, L. Vertinsky, E. Wang, E. Winston, S.-S. Yi
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