Chinese Experience with Global G3 Standard-Setting

China’s growth strategy as set out in the 11th 5-year plan in 2005 called for upgrading of product quality, the development of an innovation society, and reduced reliance on foreign intellectual property with high license fees. Consistent with this policy, China has been involved in recent years with the development of a Chinese standard in third generation (3G) mobile phone technology, both in negotiating the standard and seeing it through to commercialization. This is the first case of a developing country both originating and successfully negotiating a telecommunications standard and this experience raises issues for China’s future development strategy based on product and process upgrading in manufacturing. We argue that while precedent setting from an international negotiating point of view, the experience has thus far is unproven commercially. But the lessons learned will benefit future related efforts in follow-on technologies if similar Chinese efforts are made.This paper documents Chinese standard-setting efforts from proposal submission to ITU to the current large-scale trial network deployment in China and overseas trial networks deployment. We discuss the underlying objectives for this initiative, evaluate its effectiveness, and assess its broader implications for Chinese development policy.

After the Trolls: Patent Litigation as Ex Post Market-Making

Patent policy has been dominated lately by efforts to reduce rent-seeking patent troll litigation. As recent reforms begin to take effect, it is timely to consider the more constructive aspects of patent litigation. This Article contends that the lag between product development and patent litigation, which pushes the problem of patent valuation into the ex post (after product development) period, serves just such a positive function. Re-search, development, and product roll-out can all take place first. Then, at a later stage, patent litigation sorts out the relative merits and contributions of the various inventors and competitors who contributed to the new product or technology. In the time between early commercialization and litigation, a good deal of helpful information comes to light about the product and its market. This makes valuation more tractable, especially as compared with the early (ex ante) development period, when uncertainty is high. Litigation also serves as a structured process that promotes party settlement, adding another dimension to its potentially positive role

Mitigating "Anticommons" Harms to Science and Technology Research

There are three analytically distinct layers of the phenomenon that has been labeled “the anticommons” and indicted as a potential impediment to innovation resulting from patenting and enforcement of IPR obtained on academic research results. This paper distinguishes among “search costs”, “transactions costs”, and “multiple marginalization” effects in the pricing of licenses for commercial use of IP, and examines the distinctive resource allocation problems arising from each when exclusion rights over research inputs are distributed among independent owners. Where information use-rights are gross complements (either in production or consumption), multiple marginalization—seen here to be the core of the “anticommons” – is likely to result in extreme forms of “royalty stacking” that can pose serious impediments to R&D projects. The practical consequences, particularly for exploratory scientific research (contrasted with commercially-oriented R&D) are seen from a heuristic analysis of the effects of distributed ownership of scientific and technical database rights. A case is presented for the contractual construction of “research resource commons” designed as efficient IPR pools, as the preferable response to the anticommons.law and economics, IPR, licensing, anticommons, patent hold-ups, royalty stacking, database rights, contractual commons, efficient pools

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of Patent Holdout

Patent Trespass and the Royalty Gap: Exploring the Nature and Impact of Patent Holdou

The Future of Industrial Policies in the New Millennium: Toward a Knowledge-Centered Development Agenda

The paper present the conclusions to the book "The Political Economy of Capabilities Accumulation: the Past and Future of Policies for Industrial Development", edited by M. Cimoli, G. Dosi and J. E. Stiglitz, Oxford University Press, forthcoming. While it is futile to search for any 'magic policy recipe' automatically yielding industrialization, the contributions to the book, we argue, do indeed help in identifying some basic ingredients and principles that successful policy arrangements historically had and have in common. In this concluding chapter we spell out some of them. They include: (i) an 'emulation philosophy' vis-à-vis the most promising technological paradigms; (ii) various measures safeguarding the possibility of 'infant industry learning', involving also the purposeful 'distortion' of market signals as they come from the international arena; (iii) explicit policies of capability-building directed both at education and training but also at nurturing and shaping specific corporate actors; (iv) a 'political economy of rent-management' favourable to learning and industrialization, while curbing the exploitation of monopolist positions; (v) measures aimed to foster and exploit a weak Intellectual Property Rights regime, especially with respect to the companies of the developed world; (vi) strategies aimed at avoiding the 'natural resource course'; (vii) 'virtuous' complementarities between industrial policies and macroeconomic management. Further the chapter discusses the opportunities and constraints associated with the current regimes of trade and IPR governance and puts forward some basic building blocks of a proposed new pro-developmental consensus fostering knowledge accumulation and industrialization in catching-up countries.Development, Industrial Policies, Knowledge Accumulation, Catching-up, New International Consensus

Locating Legal Certainty in Patent Licensing

This open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe

Networks, Standards and Intellectual Property Rights

This paper reviews issues that lie at the intersection between intellectual property rights (IPR) and network effects, especially in the context of the global economy. Some of the relevant questions are: (1) How do IPR influence the provision of goods exhibiting network effects? (2) How do network effects in turn influence the creation of intellectual property? And (3) how do aspects of the global economy interact with both IPR and network effects? We synthesize what is known from the existing literature to answer these questions.Intellectual Property Rights, Network Effects, Globalization, Standards, Social Networks, Software Piracy

Choice Internal report I-6: Support available for innovation in ICT R&D&I in China: Protecting IPR

This report reviews support available to EU organisations for innovation in collaborative ICT R&D with China. In particular, attention is paid to the extent to which this support addresses ICT IPR related concerns. The report discusses the context of the issues around IPR protection in China, reviews the support for IPR protection in China available to EU organisations at the member state and EU level, support provided by the European Chamber of Commerce in China, guidance from UK Trade & Investment, provides an overview of Chinese industrial associations and centres, and Chinese Science and Technology Bureaus, with an interest in promoting IPR protection and provides some IPR related links. Conclusions are drawn and recommendations made which are targeted at organisations concerned about ICT related IPR protection in China