5G and beyond : intellectual property and competition policy in the internet of things / edited by Jonathan M. Barnett, University of Southern California, Sean M. O'Connor, George Mason University.

Format:

Book

Contributor:

Barnett, Jonathan M., editor.

O'Connor, Sean, editor.

Standardized Title:

5G and beyond (Cambridge University Press)

Language:

English

Subjects (All):

5G mobile communication systems--Industrial applications.

5G mobile communication systems.

Business communication.

Industrial property.

Intellectual property.

Competition.

Internet of things.

Physical Description:

1 online resource (xxii, 266 pages) : digital, PDF file(s).

Edition:

1st ed.

Place of Publication:

Cambridge : Cambridge University Press, 2024.

Summary:

5G communications technologies will transform entire industries around the world and are already a core element of the mobile communications and automotive ecosystems. 5G and Beyond brings together some of the world's leading thinkers in law, economics, and competition policy, drawn from academia, government, and industry, to lay the intellectual foundation for sound innovation and competition policy in wireless-enabled environments. Contributors include former heads of the U.S. Patent & Trademark Office, Commissioners of the U.S. Federal Trade Commission and International Trade Commission, distinguished academics, and industry leaders. Chapters provide economically grounded and empirically informed analyses of the innovation policy issues involved in the development and adoption of 5G-enabled computing and communications technologies in the Internet of Things. This title is also available as Open Access on Cambridge Core.

Contents:

Cover

Half-title

Title page

Imprints page

Dedication

Contents

List of Contributors

Foreword

Preface

Acknowledgments

Part I Intellectual Property and Competition Policy in Global Wireless Markets

1 Restoring and Revitalizing Technology Markets for Mobile Wireless: Geopolitical Dimensions of Patented Technology Embedded in Standards

I. Introduction

II. Intellectual Property Rights Matter

III. The Geopolitical Environment

IV. The Salience of Patents and Patent Licensing to Competition and the Robustness of the Innovation Ecosystem

V. The FRAND Royalty Approach

VI. Restoring and Revitalizing Technology Markets

VII. Conclusion

2 Antitrust Convergence on Substantive Norms for SEP Licensing Negotiations: Should and Could It Be?

II. The Evolution of IP/Antitrust and SEP Licensing in the United States

III. International IP/Antitrust Developments Go Further Than the United States Has to Date

IV. Where Do We Go Next: Is the United States Moving toward Substantive Convergence with Europe?

V. Conclusion

Part II Patent Holdup, Royalty Stacking, and the FRAND Standard

3 Cellular SEP Royalties and 5G: What Should Competition Policy Be?

II. What Is 5G?

III. What Determines Royalties? Lessons from 3G and 4G

IV. Lessons for 5G Licensing

4 The Fair Division of Surplus from a FRAND License Negotiated in Good Faith

I. Negotiating FRAND Licenses in Good Faith

II. What Makes FRAND Fair?

Part III Patent Holdout and the Rise of ''Efficient'' Infringement

5 Efficient Infringement in the SEP Space

II. Courts Are Unlikely to Grant Injunctive Relief in SEP Cases

III. SEP Owners Are Unlikely to Seek Injunctive Relief

IV. Conclusion.

6 Restoring Deterrence: The Case for Enhanced Damages in a No-Injunction Patent System

II. eBay and ''Efficient'' Infringement

III. Efficient Infringement in Action

IV. How to Make Efficient Infringement Inefficient

Part IV Transactional Solutions: Redesigning SEP Licensing Markets

7 Designing SEP Licensing Negotiation Groups to Reduce Patent Holdout in 5G/IoT Markets

I. Introduction to LNGS in 5G/IOT Markets

II. Antitrust, Collective Action, and SEP Licensing

III. LNGS and the HUAWEI v. ZTE Negotiation Framework

IV. Implementation of LNGs

8 How to Create a Smoother SEP Licensing Ecosystem for IoT

I. Standardization and Standard Essential Patents (SEPs)

II. SEP Licensing Challenges

III. SEP Transparency

IV. Improving on Validity

V. Incentivizing Implementers to Seek Licenses

VI. A Reasonable Aggregate Royalty

VII. A Better Level Playing Field

VIII. Conclusion

Part V Patent Enforcement, Wireless Markets, and Global Competitiveness

9 The Geopolitical Implications of Patent Holdout and the Ensuing Race to the Home Court

II. Socially Inefficient Patent Holdout

III. On the Inadequacy of Ex post Compensatory Damages

IV. Global Dispute Resolution in a No-Injunction World

V. Setting Global Terms by Biased Domestic Courts

VI. Solving the Prisoners' Dilemma

10 China's Practice of Anti-suit Injunctions in Standard-Essential Patent Litigation: Transplant or False Friend?

I. Introduction to the Anti-suit Injunction Transplant

II. Chinese ASI Practice in Historical Context

III. Transparency: How China's ASI Regime Fails

IV. Conclusion

11 Patents and Competition: Commercializing Innovation in the Global Ecosystem for 5G and IoT

I. Introduction.

II. Property Approach to Patents Has Support across the Political Spectrum

III. Property Approach Is Rooted in the Early US Patent System

IV. Commercialization Is Helped by Objective Adjudication Rather than Political Administration

V. Intellectual Property Is Not That Different from Tangible Property

VI. Recent US Patent System Innovations Harm More Than Help Innovation

Index.

Notes:

Title from publisher's bibliographic system (viewed on 15 Dec 2023).

ISBN:

9781009274296

1009274295

9781009274319

1009274317

9781009274289

1009274287

Access Restriction:

Open Access. Unrestricted online access