IDEAS home Printed from https://ideas.repec.org/p/cpr/ceprdp/14297.html
   My bibliography  Save this paper

International Jurisdiction over Standard-Essential Patents

Author

Listed:
  • Horn, Henrik

Abstract

A sizeable literature analyzes the appropriate interpretation of FRAND commitments for standard-essential patents. With few exceptions, the literature disregards international dimensions, despite the fact that most standards are used in international markets. This paper uses a simple economic setting to assess pros and cons of the main jurisdictional bases in international law  the Territoriality and Nationality Principles when national regulatory authorities have conflicting preferences regarding the interpretation of FRAND commitments. The paper identifies situations where the bases can implement efficient outcomes, and where they fail. The paper also shows how non-discrimination obligations might improve upon the outcomes.

Suggested Citation

  • Horn, Henrik, 2022. "International Jurisdiction over Standard-Essential Patents," CEPR Discussion Papers 14297, C.E.P.R. Discussion Papers.
  • Handle: RePEc:cpr:ceprdp:14297
    as

    Download full text from publisher

    File URL: https://cepr.org/publications/DP14297
    Download Restriction: CEPR Discussion Papers are free to download for our researchers, subscribers and members. If you fall into one of these categories but have trouble downloading our papers, please contact us at subscribers@cepr.org
    ---><---

    As the access to this document is restricted, you may want to look for a different version below or search for a different version of it.

    Other versions of this item:

    References listed on IDEAS

    as
    1. Josh Lerner & Jean Tirole, 2015. "Standard-Essential Patents," Journal of Political Economy, University of Chicago Press, vol. 123(3), pages 547-586.
    2. Jay Pil Choi, 2016. "FRAND Royalties and Injunctions for Standard Essential Patents," Global Economic Review, Taylor & Francis Journals, vol. 45(3), pages 233-250, July.
    3. Horn, Henrik & Wolinsky, Asher, 1988. "Worker Substitutability and Patterns of Unionisation," Economic Journal, Royal Economic Society, vol. 98(391), pages 484-497, June.
    4. Henrick Horn & Asher Wolinsky, 1988. "Bilateral Monopolies and Incentives for Merger," RAND Journal of Economics, The RAND Corporation, vol. 19(3), pages 408-419, Autumn.
    5. Gregor Langus & Vilen Lipatov & Damien Neven, 2013. "Standard-Essential Patents: Who Is Really Holding Up (And When)?," Journal of Competition Law and Economics, Oxford University Press, vol. 9(2), pages 253-284.
    6. Bernhard Ganglmair & Luke M. Froeb & Gregory J. Werden, 2012. "Patent Hold-Up and Antitrust: How A Well-Intentioned Rule Could Retard Innovation," Journal of Industrial Economics, Wiley Blackwell, vol. 60(2), pages 249-273, June.
    7. Mario Mariniello & Damien Neven & Jorge Padilla, 2015. "Antitrust, regulatory capture and economic integration," Policy Contributions 891, Bruegel.
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Gerard Llobet & Jorge Padilla, 2023. "A theory of socially inefficient patent holdout," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 32(2), pages 424-449, April.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Hougaard, Jens Leth & Ko, Chiu Yu & Zhang, Xuyao, 2023. "A conceptual model for FRAND royalty setting," Mathematical Social Sciences, Elsevier, vol. 123(C), pages 167-176.
    2. Wipusanawan, Chayanin, 2023. "Standard-essential patents, innovation, and competition," Other publications TiSEM 292e319a-9e6a-4465-8f8f-7, Tilburg University, School of Economics and Management.
    3. Chryssoula Pentheroudakis & Justus A. Baron, 2016. "Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases," JRC Research Reports JRC104068, Joint Research Centre.
    4. Jay Pil Choi, 2016. "FRAND Royalties and Injunctions for Standard Essential Patents," Global Economic Review, Taylor & Francis Journals, vol. 45(3), pages 233-250, July.
    5. Baron, Justus, 2020. "Counting standard contributions to measure the value of patent portfolios - A tale of apples and oranges," Telecommunications Policy, Elsevier, vol. 44(3).
    6. Filippo Vergara Caffarelli, 2007. "Merge and Compete: Strategic Incentives for Vertical Integration," Rivista di Politica Economica, SIPI Spa, vol. 97(5), pages 203-244, September.
    7. Pierre Larouche & Florian Schuett, 2019. "Repeated interaction in standard setting," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 28(3), pages 488-509, June.
    8. Hyung Bae, 2005. "Impact of labour unions on the merger incentive of firms," International Economic Journal, Taylor & Francis Journals, vol. 19(1), pages 91-94.
    9. Inderst, Roman & Wey, Christian, 2003. "Bargaining, Mergers, and Technology Choice in Bilaterally Oligopolistic Industries," RAND Journal of Economics, The RAND Corporation, vol. 34(1), pages 1-19, Spring.
    10. Binmore, Ken & Osborne, Martin J. & Rubinstein, Ariel, 1992. "Noncooperative models of bargaining," Handbook of Game Theory with Economic Applications, in: R.J. Aumann & S. Hart (ed.), Handbook of Game Theory with Economic Applications, edition 1, volume 1, chapter 7, pages 179-225, Elsevier.
    11. Sara Fisher Ellison & Christopher M. Snyder, 2010. "Countervailing Power In Wholesale Pharmaceuticals," Journal of Industrial Economics, Wiley Blackwell, vol. 58(1), pages 32-53, March.
    12. Richard B. Freeman & Robert S. Gibbons, 1995. "Getting Together and Breaking Apart: The Decline of Centralized Collective Bargaining," NBER Chapters, in: Differences and Changes in Wage Structures, pages 345-370, National Bureau of Economic Research, Inc.
    13. Justus Baron & Tim Pohlmann, 2018. "Mapping standards to patents using declarations of standard‐essential patents," Journal of Economics & Management Strategy, Wiley Blackwell, vol. 27(3), pages 504-534, September.
    14. Stennek, Johan, 2015. "Why Unions Reduce Wage Inequality, II: The Relation between Solidarity and Unity," Working Papers in Economics 625, University of Gothenburg, Department of Economics.
    15. Kitamura, Hiroshi & Matsushima, Noriaki & Sato, Misato, 2018. "Exclusive contracts with complementary inputs," International Journal of Industrial Organization, Elsevier, vol. 56(C), pages 145-167.
    16. Asher Wolinsky, 2000. "A Theory of the Firm with Non-Binding Employment Contracts," Econometrica, Econometric Society, vol. 68(4), pages 875-910, July.
    17. Inderst, Roman & Wey, Christian, 2007. "Buyer power and supplier incentives," European Economic Review, Elsevier, vol. 51(3), pages 647-667, April.
    18. Baldursson, Fridrik M. & Johannesson, Sigurdur, 2005. "Kaupendamáttur á sementsmarkaði [Buyer power in the cement industry]," MPRA Paper 14742, University Library of Munich, Germany.
    19. Gautam Gowrisankaran & Aviv Nevo & Robert Town, 2015. "Mergers When Prices Are Negotiated: Evidence from the Hospital Industry," American Economic Review, American Economic Association, vol. 105(1), pages 172-203, January.
    20. Nicola Meccheri & Luciano Fanti, 2012. "Managerial Delegation Schemes in a Duopoly with Endogenous Production Costs: A Comparison of Sales and Relative Profit Delegation under Centralised Unionisation," Working Paper series 44_12, Rimini Centre for Economic Analysis.

    More about this item

    Keywords

    Standard-essential patents; International jurisdiction; Default rules;
    All these keywords.

    JEL classification:

    • F15 - International Economics - - Trade - - - Economic Integration
    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • O38 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Government Policy

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cpr:ceprdp:14297. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: the person in charge (email available below). General contact details of provider: https://www.cepr.org .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.