Wednesday, June 26, 2019
Koren Wong-Ervin, Director of IP & Competition Policy, Qualcomm Incorporated has written on OECD Competition Committee Roundtable on “Licensing of IP Rights and Competition Law”.
Abstract: This note provides an economic approach to antitrust analysis of differential pricing (here, used synonymously with “price discrimination”) and discriminatory refusals to license; grantbacks and cross-licenses; and no-challenge clauses. The analysis applies to both intellectual property rights (IPRs) in general, as well as to standard-essential patents (SEP) as to which the holder has made a commitment to license on fair, reasonable, and nondiscriminatory (FRAND) terms. This note also addresses the alleged “patent thicket” problem and the ex-ante incremental (or “inherent”) value approach to SEP valuation.