Abstract

http://ssrn.com/abstract=1030520
 
 

Citations (1)



 
 

Footnotes (69)



 


 



Vagueness in RAND Licensing Obligations is Unreasonable for Patent Owners


Francois Leveque


École Nationale Supérieure des Mines de Paris - Centre d'Économie Industrielle (CERNA)

Yann Ménière


Mines ParisTech

July 29, 2009

CERNA Working paper

Abstract:     
Recent evolutions have called into question the traditional practices of standard-setting organizations (SSOs), especially as regards the licensing of essential patents. In the trail of recent antitrust cases, doubts have been cast in particular on the effectiveness of the current IP policies requiring that essential patent owners commit to licensing their IP on RAND terms, the latter commitments being now perceived as too vague. Against this background, the purpose of this paper is twofold. We first highlight the rationale of the old RAND regime, as well as its effects when it becomes ineffective to mitigate the holdup problem. We then discuss the advantages of requiring more precise commitments. We especially analyze and compare the effects of two new IP policies currently experimented in some SSO: requiring that patent owners commit on a royalty cap as experimented by VITA, and allowing patent owners to choose freely whether to commit on a cap or an exact royalty, as experimented with IEEE-SA.

Number of Pages in PDF File: 53

Keywords: Patent, Standard, Licence, Holdup, RAND licensing, Royalty cap

JEL Classification: L1, L4

working papers series


Download This Paper

Date posted: November 16, 2007 ; Last revised: May 25, 2014

Suggested Citation

Leveque, Francois and Ménière, Yann, Vagueness in RAND Licensing Obligations is Unreasonable for Patent Owners (July 29, 2009). CERNA Working paper. Available at SSRN: http://ssrn.com/abstract=1030520 or http://dx.doi.org/10.2139/ssrn.1030520

Contact Information

Francois Leveque (Contact Author)
École Nationale Supérieure des Mines de Paris - Centre d'Économie Industrielle (CERNA) ( email )
60, boulevard Saint Michel
75272 Paris Cedex 06, 75272
France
Yann Ménière
Mines ParisTech ( email )
60, bd St Michel
Paris, 75006
France
Feedback to SSRN


Paper statistics
Abstract Views: 1,712
Downloads: 295
Download Rank: 57,417
Citations:  1
Footnotes:  69
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.265 seconds