OECD Competition Committee Roundtable on 'Licensing of IP Rights and Competition Law' (June 6, 2019)

13 Pages Posted: 4 Jun 2019

See all articles by Koren Wong-Ervin

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)

Date Written: May 13, 2019

Abstract

This note provides an economic approach to antitrust analysis of differential pricing (here, used synonymously with “price discrimination”) and discriminatory refusals to license; grantbacks and cross-licenses; and no-challenge clauses. The analysis applies to both intellectual property rights (IPRs) in general, as well as to standard-essential patents (SEP) as to which the holder has made a commitment to license on fair, reasonable, and nondiscriminatory (FRAND) terms. This note also addresses the alleged “patent thicket” problem and the ex-ante incremental (or “inherent”) value approach to SEP valuation.

Keywords: price discrimination, discriminatory refusals to license, grantbacks, cross-licenses, no-challenge clauses; SEPs, FRAND, patent thickets, ex-ante incremental value

JEL Classification: K21, L4, L5

Suggested Citation

Wong-Ervin, Koren, OECD Competition Committee Roundtable on 'Licensing of IP Rights and Competition Law' (June 6, 2019) (May 13, 2019). Available at SSRN: https://ssrn.com/abstract=3387361 or http://dx.doi.org/10.2139/ssrn.3387361

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

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