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Study on the Interplay between Standards and Intellectual Property Rights (IPR)

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Autor:
Fraunhofer Institute for Communication System.

The study suggests that the globalisation of actors and the convergence of technologies call for a global perspective on the interplay between IPRs and standardisation.

The policies of the European Union should continue to promote voluntary, market-led standardisation, whereas IPR policies should be set by thestandard setting organisations (SSOs) themselves.

Competition policy guidelines should provide safe harbours for SSOs' IPR policies, while supporting flexible and different approaches and business models – provided these do not result in anti-competitive behaviour.

SSOs should be encouraged in their efforts to further consider:

  • clear and binding IPR policies including irrevocable and worldwide licensing commitments;
  • legal certainty in case of the transfer of essential patents to third parties;
  • reasonable incentives for good faith IPR inquiries and disclosure;
  • transparent, complete and accessible IPR databases;
  • cooperation with patent offices on identifying prior art.

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