A Primer on Intellectual Property Policies of Standards Bodies

A Primer on Intellectual Property Policies of Standards Bodies

Jorge L. Contreras (University of Utah, USA) and Andrew Updegrove (Gesmer Updegrove, USA)
Copyright: © 2016 |Pages: 21
DOI: 10.4018/978-1-4666-9737-9.ch010
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Abstract

This chapter offers business managers an introduction to the intellectual property rights (IPR) issues that should be taken into account when an organization is considering joining or participating in a standards development organization. Copyright, trademark and patent issues, particularly patent disclosure and licensing, are addressed with an emphasis on the potential benefits and risks offered by the most common policy approaches today. Managers are encouraged to review the IPR policies of standards organizations with a view toward their own organizations' preferred IPR strategies and approaches, whether these tend toward product manufacture and distribution without significant attention to IPR monetization, research and development with a focus on IPR generation, or the generation of substantial revenue through IPR licensing.
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Background

There is a large literature relating to standards, standardization and related IPR policies. This chapter is intended to offer the business manager a concise and non-technical introduction to the field. Those desiring a more detailed treatment are referred to the sources listed at the end of this chapter.

Biddle et al (2012), Ernst (2012), EC (2014) and Contreras (2015a) describe the institutions and organizational structures that have evolved to address the needs of contemporary standards-development communities. These include large, multi-national bodies simultaneously addressing a broad range of standardization projects, industry-specific groups that develop solutions for specific industry sectors, and smaller consortia focusing on single products or standards. Within this range of organizations a variety of IPR policies have emerged. These are categorized and analyzed by Lemley (2002) and Bekkers & Updegrove (2012). ABA (2007) offers a detailed clause-by-clause analysis of typical SDO IPR Policies. Cannady (2013) and Herman (2010) offer practical advice regarding the negotiation of standards-related patent license agreements, and Lemley and Shapiro (2013) and Contreras and Newman (2014) discuss alternate dispute resolution mechanisms for resolving standards-related conflicts.

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