Technical Standards, Standards-Setting Organizations and Intellectual Property: A Survey of the Literature (With an Emphasis on Empirical Approaches)

Research Handbooks on the Economics of Intellectual Property Law, Vol 2 - Analytical Methods (Peter S. Menell and David Schwartz, eds., Edward Elgar, 2019, Forthcoming)

University of Utah College of Law Research Paper No. 199

61 Pages Posted: 19 Jan 2017 Last revised: 28 Feb 2019

See all articles by Jorge L. Contreras

Jorge L. Contreras

University of Utah - S.J. Quinney College of Law

Date Written: February 26, 2019

Abstract

Despite their potential benefits, voluntary consensus standards have over the past decade become the subject of significant private litigation, regulatory enforcement and policy debate. Much of the current controversy centers on the perceived proliferation of patents covering standardized technologies, potentially abusive enforcement of such patents against manufacturers and users of standardized products, and the terms on which patent holders may be required to license the use of those patents to others. This chapter offers an overview of the empirical, legal and economic literature concerning the interaction of inter-operability standards and standards-setting organizations with intellectual property rights (primarily patents, with attention to copyrights and trademarks as well).

Keywords: standards, FRAND, patent, copyright, IBR, incorporation by reference, holdup, holdout, royalty stacking, SDO, SSO

JEL Classification: K00, K12, L63, L86, L96, O32, O34

Suggested Citation

Contreras, Jorge L., Technical Standards, Standards-Setting Organizations and Intellectual Property: A Survey of the Literature (With an Emphasis on Empirical Approaches) (February 26, 2019). Research Handbooks on the Economics of Intellectual Property Law, Vol 2 - Analytical Methods (Peter S. Menell and David Schwartz, eds., Edward Elgar, 2019, Forthcoming), University of Utah College of Law Research Paper No. 199, Available at SSRN: https://ssrn.com/abstract=2900540

Jorge L. Contreras (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States

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