标准必要专利

Standard-Essential Patents

Journal of Political Economy · 2015
被引 233 · 同刊同年前 10%
人大 A+FT50ABS 4*

中文导读

构建了一个分析标准必要专利的框架,指出缺乏价格承诺会导致多种效率损失,并说明结构化价格承诺如何恢复竞争以及为何市场可能不会自发产生这种承诺。

Abstract

A major policy issue in standard setting is that patents that are ex ante not that important, by being included into a standard, may become standard-essential patents. In an attempt to curb the monopoly power that they create, most standard-setting organizations require the owners of patents covered by the standard to make a loose commitment to grant licenses on reasonable terms. Such commitments unsurprisingly are conducive to litigation. This paper builds a framework for the analysis of these patents, identifies several types of inefficiencies attached to the lack of price commitments, and shows how structured price commitments restore competition and why such commitments may not arise spontaneously in the marketplace.

标准必要专利专利劫持合理许可费承诺价格承诺标准制定组织