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The Cambridge Handbook of Technical Standardization Law

The Cambridge Handbook of Technical Standardization Law
Competition, Antitrust, and Patents

$48.00 USD

Jorge L. Contreras, Knut Blind, Brian Kahin, Brad Biddle, Kirti Gupta, Daryl Lim, George S. Cary, Daniel Culley, Damien Geradin, Michael A. Carrier, Tim Simcoe, Allan Shampine, Richard J. Gilbert, Anne Layne-Farrar, Marc Sandy Block, Gil Ohana, Renata Hesse, Frances Marshall, Nicolas Petit, D. Daniel Sokol, Wentong Zheng, Sang-Seung Yi, Yoonhee Kim, Yuko Kimijima, J. Gregory Sidak, David L. Newman, Norman V. Siebrasse, Thomas F. Cotter, Pierre Larouche, Nicolo Zingales, Elizabeth I. Winston, Michael A. Eixenberger
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  • Date Published: January 2018
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781108548403

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About the Authors
  • Technical standards are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes the legal aspects of technical standards and standardization. Bringing together more than thirty leading international scholars, advocates, and policymakers, it focuses on two of the most contentious and critical areas pertaining to standards today in key jurisdictions around the world: antitrust/competition law and patent law. (A subsequent volume will focus on international trade, copyright, and administrative law.) This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.

    • The first comprehensive treatment that unites discussions of antitrust/competition law, patent law, and economic principles
    • This work is the first to integrate perspectives from key jurisdictions around the world including the United States, Europe, China, Korea, Japan, and India
    • Strives to offer both a comprehensive and balanced perspective on this complex area of law, and should thus serve as an invaluable resource for judges, policymakers, legal practitioners and industry representatives
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    Product details

    • Date Published: January 2018
    • format: Adobe eBook Reader
    • isbn: 9781108548403
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Introduction Jorge L. Contreras
    Part I. Standards and Standardization in the Marketplace:
    1. Standards and the global economy Knut Blind and Brian Kahin
    2. No standard for standards: understanding the ICT standards-development ecosystem Brad Biddle
    3. How SSOs work: unpacking the mobile industry's 3GPP standards Kirti Gupta
    Part II. Antitrust/Competition Law and Standards Development:
    4. Unilateral conduct and standards Daryl Lim
    5. Concerted action in standard-setting George S. Cary and Daniel Culley
    6. European Union competition law, intellectual property law and standardization Damien Geradin
    Part III. Patents and Standards: Introduction – patent and antitrust law: an introduction Michael A. Carrier
    7. Economics of patents and standardization: network effects, hold-up, hold-out, stacking Tim Simcoe and Allan Shampine
    8. Collective rights organizations: a guide to benefits, costs and antitrust safeguards Richard J. Gilbert
    Part IV. Private Ordering Policies for Standardization: Disclosure and Licensing Commitments:
    9. Origins of FRAND licensing commitments in the United States and Europe Jorge L. Contreras
    10. Form and variation in FRAND and other standards licensing commitments Jorge L. Contreras
    11. Enforcing FRAND and other SDO licensing commitments Jorge L. Contreras
    12. Non-discrimination and FRAND commitments Jorge L. Contreras and Anne Layne-Farrar
    13. Essentiality and standards-essential patents Jorge L. Contreras
    14. Transfers of standards essential patents Marc Sandy Block
    15. The disclosure of patents and licensing terms in standards development Gil Ohana and Brad Biddle
    Part V. FRAND Litigation around the World
    16. US antitrust aspects of FRAND disputes Renata Hesse and Frances Marshall
    17. EU competition law analysis of FRAND disputes Nicolas Petit
    18. FRAND (and industrial policy) in China D. Daniel Sokol and Wentong Zheng
    19. FRAND in Korea Sang-Seung Yi and Yoonhee Kim
    20. Standard essential patents in Japan Yuko Kimijima
    21. FRAND in India J. Gregory Sidak
    22. Alternative dispute resolution and FRAND disputes Jorge L. Contreras and David L. Newman
    23. Judicially determined FRAND royalties Norman V. Siebrasse and Thomas F. Cotter
    24. Injunctive relief and the FRAND commitment in the United States J. Gregory Sidak
    25. Injunctive relief in the EU – intellectual property and competition law at the remedies stage Pierre Larouche and Nicolo Zingales
    26. Standard Essential Patents at the United States International Trade Commission Elizabeth I. Winston
    27. The anti-suit injunction – a transnational remedy for multi-jurisdictional SEP litigation Jorge L. Contreras and Michael A. Eixenberger.

  • Editor

    Jorge L. Contreras, University of Utah
    Jorge L. Contreras, J.D. (Harvard University), is a Professor of Law at the University of Utah S.J. Quinney College of Law, a Senior Policy Fellow at the Program on Information Justice and Intellectual Property at American University Washington College of Law, and a Senior Fellow with the International Law Research Program of the Centre for International Governance Innovation (CIGI). He has written and spoken extensively on the institutional structures and policy implications of intellectual property, technical standardization, and scientific research. Professor Contreras serves as Co-Chair of the American Bar Association Section of Science and Technology Law's Interdisciplinary Division, a member of the American National Standards Institute (ANSI) Intellectual Property Rights (IPR) Policy Committee, and a member of National Institutes of Health's Council of Councils.

    Contributors

    Jorge L. Contreras, Knut Blind, Brian Kahin, Brad Biddle, Kirti Gupta, Daryl Lim, George S. Cary, Daniel Culley, Damien Geradin, Michael A. Carrier, Tim Simcoe, Allan Shampine, Richard J. Gilbert, Anne Layne-Farrar, Marc Sandy Block, Gil Ohana, Renata Hesse, Frances Marshall, Nicolas Petit, D. Daniel Sokol, Wentong Zheng, Sang-Seung Yi, Yoonhee Kim, Yuko Kimijima, J. Gregory Sidak, David L. Newman, Norman V. Siebrasse, Thomas F. Cotter, Pierre Larouche, Nicolo Zingales, Elizabeth I. Winston, Michael A. Eixenberger

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