[A2k] Analysis on conflicts between patents and standards

[Georg C. F. Greve]

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Hi all,

Following the "IPR in ICT Standardisation" Workshop two weeks ago in
Brussels I was tempted to analyse the conflicts between patents and
standards. The result is a paper that analyses the most harmful effects
of patents on standards, the effectiveness of current remedies, and
potential future remedies.

>From the article:

  "[...] Both patents and standards derive their justification from the
   public benefit, yet upholding one deprives the other of its
   function. Standards seek to counteract monopolies, patents establish
   them. Or, as Tomoko Miyamoto, Senior Counsellor of the Patent Law
   Section in the World Intellectual Property Organization (WIPO) said
   in her presentation: Patent thickets and patent hold-ups arise from
   legitimate exploitation of the exclusive rights intentionally
   conferred by patents. They are a normal and intended consequence of
   the patent system.  [...]"

The article just went online at http://fsfeurope.org/standards/ps

I hope you will find it interesting.

Best regards,
Georg

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Georg C. F. Greve                                 <greve@fsfeurope.org>
Free Software Foundation Europe	                 (http://fsfeurope.org)
President                                      +41 43 500 03 66 ext 400

Join the Fellowship and protect your freedom!     (http://www.fsfe.org)
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