IP LeadershIP Brussels: Highlights and Economic Analysis

Forthcoming in Competition Policy International

11 Pages Posted: 9 Nov 2017

See all articles by Kirti Gupta

Kirti Gupta

Qualcomm, Inc.

Koren Wong-Ervin

Director of Antitrust Policy & Litigation at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at the U.S. Federal Trade Commission)

Joseph Coniglio

Sidley Austin LLP

Dylan Naegele

George Mason University, Antonin Scalia Law School, Students

Date Written: November 6, 2017

Abstract

In September 2017, IP LeadershIP held its first conference in Europe. The event, which was attended by government enforcers and policymakers, practitioners, and scholars, featured diverse views on topics such as:

• The importance of striking the right balance between the interests of technology contributors and technology implementers;

• Possible adverse consequences on innovation and prices for consumers of deterring participation in open, collaborative standards;

• The role (if any) of governments in shaping the intellectual property rights (IPRs) policies of private standard-development organizations (SDOs);

• Proper antitrust analysis in matters involving standard-essential patents (SEPs) where a patent holder has made a commitment to license on fair, reasonable, and nondiscriminatory (FRAND) terms;

• Whether small and medium-sized enterprises (SMEs) are able to meaningfully participate in, and benefit from, standard-development activities; and

• The issue of at what level in the distribution chain licensing should occur, particularly for the Internet of Things (IoT).

This article provides key highlights from the conference, as well as economic analyses of the various topics discussed.

Keywords: Antitrust, Standard-Essential Patents, SEPs, FRAND, Standard-Development Organizations, SDOs, SMEs, IoT, 5G, End-User Device Licensing

JEL Classification: k21, l4, l5

Suggested Citation

Gupta, Kirti and Wong-Ervin, Koren and Coniglio, Joseph and Naegele, Dylan, IP LeadershIP Brussels: Highlights and Economic Analysis (November 6, 2017). Forthcoming in Competition Policy International. Available at SSRN: https://ssrn.com/abstract=3066384

Kirti Gupta

Qualcomm, Inc. ( email )

5775 Morehouse Drive
San Diego, CA 92121
United States

Koren Wong-Ervin (Contact Author)

Director of Antitrust Policy & Litigation at Qualcomm Incorporated and Senior Expert at China's University of International Business & Economics (formerly at the U.S. Federal Trade Commission) ( email )

1730 Pennsylvania Ave N.W.
Suite 850
Washington DC, DC 20006-1850
United States

Joseph Coniglio

Sidley Austin LLP ( email )

Washington, DC 20005
United States

Dylan Naegele

George Mason University, Antonin Scalia Law School, Students ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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