NDLI: The effect of industry standard setting on patent licensing and enforcement

Content Provider	IEEE Xplore Digital Library
Author	Feldman, R.P. Rees, M.L. Townshend, B.
Copyright Year	1979
Abstract	Patent policies issued by standard-setting organizations help resolve the tension between enforcing patent rights and adopting open standards. In this article we examine the application of these policies to patent licensing and enforcement situations. An industry standard consists of a specified set of technologies adopted by an industry group in order to effect compatibility among products. The tension between enforcing proprietary intellectual property rights and adopting open industry standards has become a central issue for standards-setting bodies as well as the courts called on to enforce patent rights. As patent rights become more and more prominent in the global economy, the issues presented by the incorporation of patented technology into standards have become increasingly important. The ideal of open, widely promulgated standards is at odds with a patent owner's right to exclude others from making, using, or selling the patented invention. The ability of an industry member to exclude others from practicing a standard by asserting a patent that covers the standard would serve to undermine rapid and widespread adoption of the standard, resulting in reduced value of the standard. To prevent this situation, standard-setting organizations have developed patent policies that require their members to disclose intellectual property that may impact a proposed standard. Furthermore, patent owners are required to either forgo enforcement of patent rights against standard users, or promise to license their patents to all comers at a fair, reasonable, nondiscriminatory rate. Such a policy resolves many of the tensions between proprietary technology and the desire for an open, widely practiced standard. However, the implementation of such a policy is not as straightforward as may at first appear.
Starting Page	112
Ending Page	116
Page Count	5
File Size	71070
File Format	PDF
ISSN	01636804
Volume Number	38
Issue Number	7
Language	English
Publisher	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Publisher Date	2000-07-01
Publisher Place	U.S.A.
Access Restriction	One Nation One Subscription (ONOS)
Rights Holder	Institute of Electrical and Electronics Engineers, Inc. (IEEE)
Subject Keyword	Licenses Standards organizations Intellectual property Standards development Bylaws Standardization ANSI standards
Content Type	Text
Resource Type	Article
Subject	Computer Networks and Communications Electrical and Electronic Engineering Computer Science Applications

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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