An efficient market for patents

  • Josep Maria Pujals profile
    Josep Maria Pujals
    25 March 2015 - updated 4 years ago
    Total votes: 0

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The role of IP in the Mobile/ICT field as an key enabling technology has been demonstrated to be essential to incentive the development of a major global industry around the world.
Also, IP has become a pillar for the appearance of new industry entrants for the creation of new innovations, products and services, based in the standardization of technologies through SSOs, Pools IPRs policies aimed to share and implement breakthrough knowledge while rewarding Frandly to technology contributors.

Europe and the ICT European industry have played a significant role to build such a global scale industry and economy. Mainly through R&D activities and smart consensus and management of IPRs that have assured-achieved connectivity across different jurisdictions around the world, trough the GSM protocol.

  With a growing base of billions of connected devices around the world, incorporating technologies from multiple owners, there is urgency for mechanisms to facilitate the transfer of technology and at the same time assuring innovators incentives to maintaining their investments in R&D activities, becomes crucial.  Existing different country based-IP systems, with different approaches to quality of IP assets, enforcement mechanisms for IP holders, transparency of data related to IPRs ownership and transactions and the lack of a wide cross-industry consensus regarding FRAND price-royalty terms for the licensing of SEP, don’t contribute to the mentioned goals. Thus again, IPRs management has appeared  again into a first term, as one of the more important  issues-challenges that the mobile industry is tackling; and if  not adequately confronted, the needed healthy functioning system to facilitate the proper  time-cost-effectively delivery of technological solutions that satisfy the demand of millions of users in a fast changing world, will result under threat.

 

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This state of things calls again for leadership.
 
 Leadership to guarantee the sustainably of a major industry, not only on itself,  but that is also shaping and building economic, social and cultural relations around the world, also basic for global progress and growth. And in this actual crossroads, Europe is in an outstanding position to take again leadership for delivering a global model of smart cooperation in the field of Mobile and ICT IPRs management, with the same vision that allowed the adoption of the GSM protocol as a key piece for the development of a global industry as we all know today.

To use the Barcelona Mobile World Capital platform http://mobileworldcapital.com/  to raise awareness amongst the Mobile World community (IP owners, implementers, regulators, but specially users and investors) about the role of patents within the industry and the need of fair mechanisms and behaviors regarding the management of IPRs to sustain such industry and facilitate tech transfer and fair compensation to innovators.

Then I encourage you to use BCN Mobile World Capital capacities for  SSOs (ITU-ETSI-GSM) IPRs meetings and also for the diffusion and education on Good IP & Harmonization practices amongst IP offices, courts, regulators, SSOs, Pools, IP owners and implementers to advance in the mentioned challenges.

  

  • One of the challenges related to IPRS management in a given technology-area is transparency about existing IPRS, SEPs and non SEPs, their ownership and scope. One step to bring transparency and a base for further harmonization would be the development of a Mobile-ICT IPRs marketplace, to facilitate and normalize the transactions of IPRs between IP holders and also implementers. Such a IP supermarket or clearing house, would become in a later development phase a potential one-stop shop for IP implementers in the sense outlined by the EU commissioned study “Patents & Standards, a modern framework for IPR-based standardization”, pag.223:  “It is also possible to combine the concepts of the supermarket and the pool. The IP owners set up a pool by entering into a multiparty agreement; the pool then enters into agreement with the supermarket. The supermarket can subsequently offer the bundle of IP for a single price. As required by anti-trust authorities, the members of a pool must offer licensees the opportunity to unbundle the bundle. For this, IP owners can individually enter into agreement with the supermarket that subsequently ‘displays’ the individual IP next to the package. At all times, the IP owner is free to bypass the supermarket and enter into a bilateral agreement with a licensor. In an ideal situation, however, a producer of a smart phone could buy all necessary IP at a one-stop-shop”.  One potential model for developing such IPmarket place would be the recently lunched GSMA marketplace, connecting buying and sellers of Mobile technologies: http://www.gsma.com/newsroom/press-release/gsma-marketplace-a-new-online-commerce-platform/  https://www.gsmamarketplace.co