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Efficient Level of SEPs Licensing

Author

Listed:
  • Gregor Langus
  • Vilen Lipatov

Abstract

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 choose the licensing level that, other things being equal, minimizes transaction costs. Second, the SEP holder maximizes total output, which is often aligned with social welfare maximization by the planner. These two factors make it likely that the SEP holder chooses the efficient level of SET licensing.

Suggested Citation

  • Gregor Langus & Vilen Lipatov, 2022. "Efficient Level of SEPs Licensing," CESifo Working Paper Series 9574, CESifo.
    • Handle: RePEc:ces:ceswps:_9574
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    File URL: https://www.cesifo.org/DocDL/cesifo1_wp9574.pdf
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    References listed on IDEAS

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    1. Dahlman, Carl J, 1979. "The Problem of Externality," Journal of Law and Economics, University of Chicago Press, vol. 22(1), pages 141-162, April.
    2. Gerard Llobet & Jorge Padilla, 2016. "The Optimal Scope of the Royalty Base in Patent Licensing," Journal of Law and Economics, University of Chicago Press, vol. 59(1), pages 45-73.
    3. R. H. Coase, 2013. "The Problem of Social Cost," Journal of Law and Economics, University of Chicago Press, vol. 56(4), pages 837-877.
    4. J. Gregory Sidak, 2014. "The Proper Royalty Base For Patent Damages," Journal of Competition Law and Economics, Oxford University Press, vol. 10(4), pages 989-1037.
    5. Anne LAYNE-FARRAR & Gerard LLOBET & Jorge PADILLA, 2014. "Patent Licensing in Vertically Disaggregated Industries: The Royalty Allocation Neutrality Principle," Communications & Strategies, IDATE, Com&Strat dept., vol. 1(95), pages 61-84, 3rd quart.
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    Cited by:

    1. Wipusanawan, Chayanin, 2023. "Standard-essential patents, innovation, and competition," Other publications TiSEM 292e319a-9e6a-4465-8f8f-7, Tilburg University, School of Economics and Management.

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    More about this item

    Keywords

    standard-essential patents; SEP licensing; FRAND; telecommunications; royalty base; licensing level; alignment of incentives;
    All these keywords.

    JEL classification:

    • K21 - Law and Economics - - Regulation and Business Law - - - Antitrust Law
    • L40 - Industrial Organization - - Antitrust Issues and Policies - - - General
    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital

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