A more economic and cross-jurisdiction study on patent pools

• Main Author: LIU, Kung-chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2012
• Subjects: IPR; Competition Law; Patent Pool; Patent Enforcement; More Economic Approach; Per Se Rule; Rule of Reason; Abuse of Dominance; Law and Economics
• Online Access: https://ink.library.smu.edu.sg/sol_research/3114; https://ink.library.smu.edu.sg/context/sol_research/article/5072/viewcontent/SSRN_id2116151.pdf
• Institution: Singapore Management University

This paper traces the growing acceptance of the more economic approach to IPR and competition law in state practices, and summarizes its characteristics. It then compares how five jurisdictions weigh the IPR licensing agreements against competition law in the context of patent pools, which have become critically effective mechanism for both patent enforcement and the deployment of new technology. It further analyzes the major difference found, namely the abuse of a dominant position by patent pools, and how to look at this difference and even how to harmonize it. It then moves on to study the impact of antitrust violation by patent pools on the cease-and-decease request based on IPR and on the licensing agreements. The concluding section brings forward three points worthy of further attention: the transparency of patent pools toward competition authorities, the need of maintaining comprehensive guidelines on IPR licensing agreements, and the effects that the more economic approach should pursue.