We study the question whether a holder of standard essential patents (SEPs) should be allowed to choose the level in the value chain at which to offer a FRAND license to its SEPs. We give a pos-itive answer to this question for two reasons. First, the SEP holder and the social planner tend to...

We study how licensing, certification and unionisation affect the wages of natives and migrants and their representation among licensed, certified, and unionized workers. We provide evidence of a dual role of labor market institutions, which both screen workers based on unobservable...

In a domestic market, a duopoly produces a homogeneous final good, pollution, pollution abatement, and R&D, which reduces abatement cost. One of the firms (foreign) has superior technology. The government regulates the duopoly by levying a pollution tax to maximize domestic welfare. We consider...

As of 2021, 16 U.S. States and the District of Columbia have implemented laws allowing undocumented migrants to acquire a driver's license. In this paper, I hypothesize that lower barriers to work caused by the ability to obtain driving licenses can affect undocumented migrants' fertility...

The paper examines the impact of foreign-licensed technology and identifies channels to effectively leverage such technology to improve the performance of manufacturing firms in the Philippines. Using the fixed effects approach to World Bank Enterprise Survey panel data for the Philippines...

The complex nature of Indonesia's export and import policies has led to a lot of challenges in the past. The Neraca Komoditas (NK) scheme might be the solution to address the complicated flow of export-import demand. However, the centralized data distribution and the plan to further expand the...

At which stage in the production chain should patent licensing takes place? In this paper we show that under realistic circumstances a patent holder would be better off by licensing downstream. This occurs when the licensing revenue can depend on the downstream value of the product either...

We analyze the market dynamics that are caused by tariff-rate quotas, particularly the effects of quota license allocation between heterogeneous commodities at the tariff line level. The allocation is endogenously modeled with a mixed complementarity problem approach for the case of the...

Under Articles 31 and 31bis of the TRIPS Agreement, WTO members may validly sanction the use of a patented invention without the patent owner's authorization by issuing a compulsory license (CL). In the pharmaceuticals space, governments have historically employed compulsory licenses to compel...

The 12th WTO Ministerial Conference adopted a Ministerial Decision on the TRIPS Agreement on 17 June 2022. This partially concluded almost two years of protracted discussions in response to a proposal by India and South Africa for a waiver from certain obligations under the TRIPS Agreement for...

Efficient markets for technology are essential for innovative industries. A determinant of their efficiency hitherto neglected is the separation in the licensing process of technical knowledge from the intellectual property rights that cover it. I study this question in the context of the...

In this paper, we compare the scenarios of exclusive licenses and cross-licenses under the existence of partial vertical integration. To do this, a succesive duopoly model is proposed, with two owners and two firms competing in a differentiated product market. Each technology owner has a share...

This Brief and Pleasant Guide to NFTs and Copyright Law is written by Professor Michael D. Murray, the author of A Short and Happy Guide to Copyright Law (West 2d ed. 2022), and the principle investigator of the Blockchain, Cryptocurrency, NFTs, and the Metaverse Law Project at the University of...

U.S. states have taken varied approaches to licensing cannabis businesses under federal prohibition, but up to now there is limited research on cross-state licensing approaches. This paper provides a systematic analysis of the current licensing strategies taken by all states that have passed...

The World Trade Organization (WTO) linked intellectual property protection with trade. The WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), however, included a number of public health flexibilities in order to provide latitude to the Member States to...

The major bone of contention between the developed and developing countries in the TRIPS negotiations was patents for pharmaceuticals. The US-led developed countries bloc argued in favour of patents for pharmaceuticals amidst opposition from Brazil, India and other countries. Ample evidence,...

Despite the pervasiveness of patent licensing in many industries, there is a dearth of publicly available information on licensing transactions. Notably, information on price–i.e., the royalty agreed upon by licensor and licensee–is purposefully kept secret. We assess to what extent...

According to popular and scholarly belief, video killed the radio star. The golden age of radio, culminating in the 1930s and 1940s, was gone with the rise of television in the 1950s and 1960s. In this Article, we advance the claim that television’s role in the “death” of the radio star...

We offer a novel big data approach to corruption detection and measurement by using statistical anomalies in publicly observable allocations which corruption affects in a predictable manner. While each individual incidence of corruption remains undetectable under the veil of secrecy, systemic...

Comments to the Department of Justice, Antitrust Division (DOJ), United States Patent and Trademark Office (USPTO) and National Institute of Standards and Technology (NIST) Draft Policy Statement on Licensing Negotiations and Remedies for Standard-Essential Patents Subject to F/RAND Commitments...

From the White House to the World Trade Organization (WTO), heated debates have flared up around the compulsory licensing of COVID-19 vaccine technologies, producing a flurry of op-eds in all of the major US newspapers. Should patent protections, these op-eds ask, be temporarily relaxed to...

We submit this comment in response to the request of the U.S. Department of Justice, U.S. Patent and Trademark Office, and National Institute of Standards and Technology to comment on the proposed Draft Policy Statement (DPS) on Licensing Negotiations and Remedies for Standards-Essential Patents...

Environmental Policy Integration (EPI), understood as the incorporation of environmental objectives into all stages of policymaking, has suffered from poorly developed analytical tools. This article proposes a model for studying EPI in various contexts. Using Norwegian windpower licensing as an...

We study the question whether a holder of standard essential patents (SEPs) should be allowed to choose the level in the value chain at which to offer a FRAND license to its SEPs. We give a pos-itive answer to this question for two reasons. First, the SEP holder and the social planner tend to...

I analyse how imitation and the efficiency of the court affect firms’ patent licensing and litigating. I consider imperfect imitation and patent protection which is not absolute, and show that it is better for an imitator to buy a license before imitation (ex ante license) if a technological...

In this study we attempt to understand the relatively expensive and medicalized maternity care service industry in the United States by exploring the regulatory environment around alternatives to hospital births. We argue that a variety of existing regulations—restrictive licensing...

I consider a technology holder that has to decide whether to file for a patent or rely on secrecy,and a competing firm that can enter the market through technology transfer or imitation. Acknowledging that imitation is uncertain, imperfect, and takes time to materialise, as well as that...

We examine the role of licensing agreements in facilitating collusive behavior. The focus is on how technology transfer is used to influence product market behavior, market prices and quantities and the welfare effects thereof. Although collusion often leads to less production, technology...

Patent pools, i.e., the practice of one or more patent owners to come together to license their patents as a bundle, have played a relevant role in the Standard Essential Patents (SEPs) licensing scenario for many years now. Part I of this article2 exposes how the pools’ pro-competitive...

In this paper, we explain delays in patent licensing, and propose a solution to eliminate the delays. Licensing promotes technology transfer, but some empirical studies point out that delay in a license agreement exists, and this delay then pushes back the release of new products with patented...

Geographic complementarities across licenses being offered within a single FCC spectrum auction have been previously identified (Ausbel, Cramton, McAfee, and McMillian, 1997; Moreton and Spiller, 1998; Fox and Bajari, 2013; Xiao and Yuan, 2021) and have influenced the design of FCC auctions. Here, we...

This comment supports the draft policy statement, explaining how it presents a welcome return to the bipartisan balanced treatment of standard essential patents that—with the exception of the period from 2017 to 2020—has applied for the past two decades. The comment discusses the statement's...

A sizeable literature analyzes the appropriate interpretation of FRAND commitments for standard-essential patents. With few exceptions, the literature disregards international dimensions, despitethe fact that most standards are used in international markets. This paper uses a simple...

The US government, in reviewing competition policy issues that might impact standards, needs to be aware that the issues at hand have tremendous geopolitical consequences and cannot be looked at in isolation. The best way to ensure leadership is to incent business enterprises operating in the US...

In response to concerns that inefficiencies in SEP licensing may have a negative systemic impact on the development of emerging 5G and IoT Markets, the European Commission (EC) convened an Expert Group on Licensing and Valuation of Standards Essential Patents (SEP Expert Group), resulting in a...