Economics of Legal Remedies
A Valuation Perspective on the Proportionality of the FRAND Injunction issued in Unwired Planet vs Huawei
On August 26 2020 the UK Supreme issued a landmark decision in the matter of Unwired Planet vs Huawei.
Read More
Global Licensing on FRAND Terms in Light of Unwired Planet vs Huawei
University of California Los
Angeles Journal of Law and
Technology
2020
2020
The 2017 decision in the matter of Unwired Planet v. Huawei, bears the potential to alter the Standard...
Read More
Patent Licensing in the Shadow of the IPR Enforcement Directive
Journal of Intellectual Property Law & Practice, Oxford University Press.
2018
2018
Modifications of the IPR Enforcement Directive are currently discussed that could lead to
changes to the way injunctive relief is granted in the European Union. Against this background we recommend that the existing rationale of Ar...
Read More
From Enabling to Levelling: The Need to Change the Policy Rationale of the Intermediary Liability Regime.
Information and Communications Technology Law
2016
2016
On the spectrum of policy formulation, the current intermediary liability regime is strongly rooted in the extreme end of policy formulation. The main focus of this policy choice is to provide an ‘enabling’ governance structure. Other opti....
Read More
What Young Innovative Companies Want. Formulating Bottom-Up Policy for the Internet of Things
New York Journal of IP & Entertainment Law.
New York University Press
2018
2018
The potential anticompetitive consequences of standard essential patents have been identified by the European Commission as a key area of policy formulation for the Internet of Things. Throughout the process of policy formulation...
Read More
IP Valuation
Licensing and Valuation of Standard Essential Patents - Setting the record straight on the Present Value-Added Approach
2022
The European Commission’s Expert Group on the Licensing and Valuation of Standard Essential Patents’ (EO8000, subsequently ‘the EC Expert report’) sought to elaborate on various approaches that allow to value standard essential patents and determine FRAND...
Read More
Economic Perspectives on FRAND
This paper aims at clarifying basic elements of FRAND royalty rate determination from an economic perspective.
Read More
The Economics of FRAND.
Journal of European Competition Law and Practice. Oxford University Press
2019
2019
The economic valuation of intellectual property is an area with which IP professionals still need to fully come to grips with. In the context of Standard Essential Patents (SEPs), the valuation of fair, reasonable and non-discriminatory...
Read More
Using patent valuation methods to assess damages in patent infringement cases under the Unified Patent Court.
Elsevier, World Patent Information
2018
2018
We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the various ways...
Read More
Coming to Grips with Patents in High Technology Investments.
Texas Intellectual Property Law Journal
2015
2015
This paper discusses the economic relevance of patents to an early stage firm operating in a nascent technology field. The patent strategy assessment is performed from the perspective of this start-up. In doing so, this study aims to facilitate the task of...
Read More
Emerging IPR Monetization Techniques. The Institutional
ization of an Intellectual Property Exchange.
International Journal of Intellectual Property Management
2012
2012
This paper examines whether moving licensing from the traditional bilateral contract model to an exchange model will lead to more efficient price discovery and, ultimately, more liquidity in the market for IP rights transfer...
Read More
Accounting for Intellectual Property?
Oxford Journal on Intellectual Property Law & Practice. Oxford University Press
2010
2010
On the balance sheet IP experiences a specific form of authorization. Life is brought to IP by providing a system of stable semiotic orders and discursive selectivity that serve a specific reproduction of complex socio-economic orders...
Read More
Economics of Copyright & Trademarks
Counting the Costs of Expanding Copyright Levies to Cloud Computing.
European Intellectual Property Review
2017
2017
The question whether copyright levies should be applied to cloud computing has been raised multiple times in different EU Member States, as well as at the pan European level; however no definite policy decision has been taken so far.
The copyright levy...
Read More
Europe’s Lost Royalty Opportunity: A Comparison of Potential and Existing Digital Music Royalty Markets in Ten Different EU States.
Review of Economic Research on Copyright Issues
2014
2014
A comparison of existing online revenues collected from digital music licenses and the potential royalty market for online music, suggests an inadequate royalty market capture within the European Union. An estimate of the 2012 market for digital music...
Read More
Counting the Costs of Collective Rights Management of Music Copyright in Europe.
Review of Economic Research on Copyright Issues
2014
2014
A comparison of existing online revenues collected from digital music licenses and the potential royalty market for online music, suggests an inadequate royalty market capture within the European Union. An estimate of the 2012 market for...
Read More
The Impact of Open Source Software on Job Creation in the United States.
International Journal of Open Source Software and Processes
2014
2014
Open Source Software (OSS) is well established in sectors as diverse as aviation, health, telecommunications, finance, publishing, education, and government. As nations increasingly rely on knowledge assets to grow, the adoption of OSS will have...
Read More
Tourism & Post Conflict Management. A New Economic Rationale for Collective Trademarks.
John Marshall Review of Intellectual Property Law
2012
2012
This paper evaluates the role of collective trademarks in enhancing the ability of tourism clusters to stimulate economic growth, local ownership and innovative governance. Illustrating how intellectual property (IP) law can be leveraged to...
Read More
The Role of Collective Trademarks in Creating Clusters of SMEs: Creating the Missing Link.
Oxford Journal on Intellectual Property Law and Practice
2009
2009
Collective marks guarantee ownership over a community’s intangible wealth and in this sense not only reinforce its branding activities, but set up a new structure in which community business can function. Systems of local innovation may thus be developed...
Read More
Trademark Owners’ Perspectives on the Madrid System for International Trademark Registration.
Oxford Journal on Intellectual Property Law and Practice
2007
2007
A recent viewpoint in the IP space is the role of intellectual property as an enabling mechanism for innovation, as a means to promote the open exchange of innovation inputs. Only few authors have started to ask how licensing arrangements...
Read More
Intellectual Property Management
Towards an Open Innovation Paradigm for Intellectual Property Rights.
Henry Chesbrough et al.: New Frontiers in Open Innovation. Oxford University Press
2014
2014
A recent viewpoint in the IP space is the role of intellectual property as an enabling mechanism for innovation, as a means to promote the open exchange of innovation inputs. Only few authors have started to ask how licensing arrangements can promote the..
Read More
Intellectual Property Commerciali
zation Strategies in Developing Country Contexts
Journal of Management and Strategy
2014
2014
We illustrate how publicly sanctioned IP valuation guidelines prevailing in Europe can be applied to assess damages as foreseen under the provisions of the UPC Agreement. With the help of a hypothetical example, we then evaluate if and to what extent the...
Read More
Intellectual Property Monetization Approaches in Developing Countries.
World Bank Policy Review
2012
2012
This paper outlines and evaluates several intellectual property monetization strategies available to patent holders in developing countries that help generate domestic innovation...
Read More
Open Innovation for Sustainability – A Discussion of the Nike Green Exchange.
International Journal of Economic Behaviour and Organization
2013
2013
Despite its rising popularity, open innovation has received relatively limited attention in the discussion of how to implement ‘green’ innovation, a fact which is of particular relevance within...
Read More
Patents & Climate Change Mitigating Technologies.
Journal of Intellectual Property Law and Practice
2012
2012
The intellectual property (IP) system plays an important role in the development and diffusion of technologies by determining the institutional context in which transactions occur. This article reviews the recent EPO report ‘Patents...
Read More
Commercial
ization Tactics for University Research
Graham Richards. University IPR Management
2012
2012
While the detailed mechanisms of the interplay of knowledge creation and economic growth have been discussed in great detail by endogenous growth theory, this paper is interested in assessing the role that universities play in the knowledge based...
Read More
Crowdsourcing Patent Application Review: Leveraging New Opportunities to Capitalize on Innovation?
Intellectual Property Quarterly
2011
2011
This paper evaluates the value proposition of public-private partnerships to patent review by analyzing the potential impact of crowdsourced prior art search on the European patent system. This first requires outlining the current challenges patent offices in...
Read More
Driving Innovation Through Patent Application Review: The Power of Crowdsourcing Prior Art Search
Journal of Intellectual Property Rights
2011
2011
Worldwide filings of patent applications and the ensuing invalidation requests have seen staggering growth over the last decade. The result is increasing patent backlog, deteriorating patent quality and an uncertain...
Read More
Public Sector Intellectual Property Management in Life Sciences: Reconciling Practice and Policy
Anatole Krattiger and Richard T. Mahoney MIHR. Oxford
2007
2007
This chapter reviews the options for effective public sector management of intellectual property (IP) in the life sciences, focusing on the need for a judicious, pragmatic choice of options along two axe...
Read More
It's Time to Rethink IP Education
Intellectual Property Management – Clash of Mindsets, Cover Story, Intellectual Asset Management Magazine
2006
2006
Further interdisciplinary training on IP management is vital if the full potential in IP rights is to be realised. What is needed is a master’s programme that helps to overcome current educational shortcomings...
Read More
Financing Innovation in Developing Countries
Intellectual Asset Management
2008
2008
Further interdisciplinary training on IP management is vital if the full potential in IP rights is to be realised. What is needed is a master’s programme that helps to overcome current educational shortcomings.
Read More
International Intellectual Property Strategy
Perceptions of Intellectual Property: A Review.
Intellectual Property Institute. London
2008
2008
In “The right to good ideas: patents and the poor”, The Economist depicts two driving forces in the contemporary discourse on IP and globalization. The one is interested in advancing the knowledge economy, an approach based on the belief that knowledge...
Read More
Not starting in sixth gear: Assessing the Use of Soft Law by the Global Compact as a Governance Structure for Corporate Social Responsibility.
U.C. Davis Journal of International Law and Policy
2011
2011
The practical difficulties with employing hard law at an international level have resulted in softer codes of conduct stepping in to fill the void. The United Nations Global Compact is amongst the most ambitious of these codes, created with a desire to engage businesses...
Read More
Can Intellectual Property Diplomacy be More than War by Other Means?
Oxford Journal on Intellectual Property Law & Practice
2010.
2010.
The Implementation Game, the TRIPS Agreement and the Global Politics of Intellectual Property Reform in Developing Countries seeks to assess the global political dynamics prevailing in the post-TRIPS era. She analyses multilateral IP diplomacy from....
Read More
Of War and Peace. Analyzing the International Intellectual Property Discourse.
Intellectual Property Quarterly
2010
2010
This study analyzes underlying themes of the international policy discourse on Intellectual Property (IP) and in this sense raises awareness on common pitfalls currently associated with international policy making in the area..
Read More
The Metaphors of Globalization and Trade: An Analysis of the Language used in the WTO.
Journal of Language and Politics
2004
2004
This research project examined the metaphors of Globalization and trade in the context of current asymmetries prevailing between high- and low-income countries. As a theoretical underpinning we used...
Read More
Research for Public Policy
