Improving the SEP licensing framework by revising SSOs’ IPR policies

Karga Giritli, Nazli Cansin (2023) Improving the SEP licensing framework by revising SSOs’ IPR policies. PhD thesis, University of Glasgow.

Abstract

This thesis examines the SEP licensing framework with a view to understanding whether it can be improved by revising IPR policies.

The ICT standardisation, which provides interoperability, is one of the building blocks of the modern economy. Put simply, without standards, there would not be IoT or for example, consumers would only be able to connect to a wireless network with devices specifically built for that network. Standards are not a new phenomenon; however, they became more complex with the increasing importance of technology, which made them, in return, more dependent on patented technologies (i.e. SEPs). SEPs cause complications in standardisation as they require SEP owners and potential licensees to negotiate/agree on usually complex licensing agreements. Although SSOs have attempted to regulate this relationship with their IPR policies, now it seems these policies cannot keep up with the changing dynamics and needs in standardisation. Dysfunctions in the system do not only affect competition in the relevant markets, they also prejudice consumers’ interests, for example, by passing on higher prices to cover supra-competitive royalties.

In particular, since the first Rambus case in the US, competition/antitrust agencies and courts have been dealing with SEP-related issues. Recently, the EU has been considering addressing some of those with legislation. Conversely, this research derives from the notion that active standardisation participants are better equipped to deal with SEP-related issues, and flexible IPR policies are more suitable for addressing these issues in the dynamic standardisation ecosystem.

Against this backdrop, this comparative research aims to identify areas where SEP licensing framework can be improved by reforming IPR policies, and it develops some proposals using the black-letter and empirical research methods that SSOs can implement.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Furse, Professor Mark and Guthrie, Professor Tom
• Date of Award: 2023
• Depositing User: Theses Team
• Unique ID: glathesis:2023-83571
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 30 May 2023 15:39
• Last Modified: 30 May 2023 15:39
• Thesis DOI: 10.5525/gla.thesis.83571
• URI: https://theses.gla.ac.uk/id/eprint/83571