Standardization and Patenting in Nanotechnology: Better Balancing for a Necessary Nuisance
27 Pages Posted: 22 Dec 2017
Date Written: December 19, 2017
Standardization and patenting are closely related issues with mutually reinforcing effects for innovation and competition. Some of those effects are positive in terms of a stimulation of investments in innovation and the facilitation of inter-operability and comparability, yet some effects run counter to the aims of protection and standardization, namely where bottlenecks for competition on downstream market and obstacles for follow-on innovation are created. This contribution seeks to pinpoint the positive and negative effects of standardization and patenting in the nanotech field and assesses tools for better balancing and avoidance of over-protection for possible implementation by the legislature, patent offices and courts as well as standard setting organizations.
Keywords: nanotechnology, nanotech, standardization, patents, IP, standards, compulsory licensing, compulsory licenses, essential facilities, essential facility, buckyballs, fullerenes, EU law, antitrust law, three-step-test, Article 102 TFEU
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