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Intellectual property rights and standardization: the case of GSM

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  • Bekkers, Rudi
  • Verspagen, Bart
  • Smits, Jan

Abstract

This paper investigates the role of intellectual property rights (IPRs) in the process of standardization in the telecommunications industry. We take the global system for mobile communications (GSM) case as a highly relevant example, being part of a high-tech industry in which standards play a large role. In the process of designing the GSM standard, a lot of attention has been given to IPRs, mainly to avoid a situation in which a single IPR holder could hamper or even totally block the development of the standard. Nevertheless, the ultimate GSM standard contains a large amount of so-called 'essential IPRs', i.e., IPRs without which the implementation of GSM products is impossible. The paper provides a general discussion of the development of GSM and presents a database on the essential IPRs in the GSM standard. This database has been compiled on the basis of international patent statistics, and the data that manufacturers have supplied to European Telecommunications Standards Institute, the European standardization body responsible for defining the GSM standard. We use this database to assess the dynamic IPR position of firms in the original GSM standard and its subsequent development. We use the GSM case to underline the importance of a general European policy with regard to IPRs and standardization, and derive several concrete recommendations for such a policy.

Suggested Citation

  • Bekkers, Rudi & Verspagen, Bart & Smits, Jan, 0. "Intellectual property rights and standardization: the case of GSM," Telecommunications Policy, Elsevier, vol. 26(3-4), pages 171-188, April.
    • Handle: RePEc:eee:telpol:v:26:y::i:3-4:p:171-188
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    Citations

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    Cited by:

    1. Meniere, Yann & Parlane, Sarah, 2010. "Decentralized licensing of complementary patents: Comparing the royalty, fixed-fee and two-part tariff regimes," Information Economics and Policy, Elsevier, vol. 22(2), pages 178-191, May.
    2. Dang, Jianwei & Kang, Byeongwoo & Ding, Ke, 2019. "International protection of standard essential patents," Technological Forecasting and Social Change, Elsevier, vol. 139(C), pages 75-86.
    3. C. Niranjan Rao, 2004. "The role of intellectual property rights in information and communication technologies," Centre for Economic and Social Studies, Hyderabad Working Papers 61, Centre for Economic and Social Studies, Hyderabad, India.
    4. Stuart Graham & Galen Hancock, 2014. "The USPTO economics research agenda," The Journal of Technology Transfer, Springer, vol. 39(3), pages 335-344, June.
    5. M?ni?re, Yann & Parlane, Sarah, 2008. "Decentralized of licensing of complementary patents: comparing royalty, fixed fee and two part tariff," PIE/CIS Discussion Paper 383, Center for Intergenerational Studies, Institute of Economic Research, Hitotsubashi University.
    6. Anne Layne-Farrar & A. Jorge Padilla & Richard Schmalensee, 2007. "Pricing Patents for Licensing in Standard Setting Organizations: Making Sense of FRAND Commitments," Working Papers wp2007_0702, CEMFI.
    7. DANG, Jianwei & KANG, Byeongwoo & DING, Ke, 2016. "Landscape of standard essential patents : The case of East Asian countries," IIR Working Paper 16-12, Institute of Innovation Research, Hitotsubashi University.
    8. Vialle, Pierre & Song, Junjie & Zhang, Jian, 2012. "Competing with dominant global standards in a catching-up context. The case of mobile standards in China," Telecommunications Policy, Elsevier, vol. 36(10), pages 832-846.
    9. Dong Geun Choi & Heesang Lee & Tae-kyung Sung, 2011. "Research profiling for ‘standardization and innovation’," Scientometrics, Springer;Akadémiai Kiadó, vol. 88(1), pages 259-278, July.
    10. Kroll, Henning & Berghäuser, Hendrik & Blind, Knut & Neuhäusler, Peter & Scheifele, Fabian & Thielmann, Axel & Wydra, Sven, 2022. "Schlüsseltechnologien," Studien zum deutschen Innovationssystem 7-2022, Expertenkommission Forschung und Innovation (EFI) - Commission of Experts for Research and Innovation, Berlin.
    11. Jeffrey Funk, 2009. "The co-evolution of technology and methods of standard setting: the case of the mobile phone industry," Journal of Evolutionary Economics, Springer, vol. 19(1), pages 73-93, February.
    12. Deng, Yi, 2007. "The effects of patent regime changes: A case study of the European patent office," International Journal of Industrial Organization, Elsevier, vol. 25(1), pages 121-138, February.
    13. Granstrand, Ove & Holgersson, Marcus, 2020. "Innovation ecosystems: A conceptual review and a new definition," Technovation, Elsevier, vol. 90.
    14. Berger, Florian & Blind, Knut & Thumm, Nikolaus, 2012. "Filing behaviour regarding essential patents in industry standards," Research Policy, Elsevier, vol. 41(1), pages 216-225.
    15. de Vries, H.J. & de Ruijter, J.P.M. & Argam, N., 2009. "Dominant Design or Multiple Designs: The Flash Memory Card Case," ERIM Report Series Research in Management ERS-2009-032-LIS, Erasmus Research Institute of Management (ERIM), ERIM is the joint research institute of the Rotterdam School of Management, Erasmus University and the Erasmus School of Economics (ESE) at Erasmus University Rotterdam.
    16. C Niranjan Rao, 2004. "The Role of Intellectual Property Rights in Information and Communication Technologies," Microeconomics Working Papers 22406, East Asian Bureau of Economic Research.
    17. Mario Calderini & Andrea Giannaccari, 2006. "Standardisation in the ICT sector: The (complex) interface between antitrust and intellectual property," Economics of Innovation and New Technology, Taylor & Francis Journals, vol. 15(6), pages 543-567.

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