Discovering or Setting Aggregate Royalties and FRAND Rates for SEP Portfolios?
IP finance
by Keith Mallinson
5d ago
The European Parliament (EP) is due to vote on the European Commission’s proposed legislation for Fair, Reasonable and Non-Discriminatory (FRAND) licensing of Standard-Essential Patents (SEPs) on 27th or 28th February 2024. Stated objectives include increasing transparency and predictability while reducing transaction costs. Measures include (1) the setting up of a mandatory register for SEPs with essentiality checks of selected and representative random samples of SEPs, (2) a process for determining a non-binding aggregate royalty rate, and (3) a mandatory pre-litigation conciliation procedur ..read more
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U.S. FTC Supports March-in Rights Guidelines
IP finance
by Unknown
1w ago
The U.S. Federal Trade Commission has released a comment in support of the NIST’s guidelines concerning the exercise of march-in rights under the Bayh-Dole Act.  The Press Release states: Today the Federal Trade Commission issued a comment in response to the National Institute of Standards and Technology’s (NIST) request for information on its Draft Interagency Guidance Framework for Considering the Exercise of March-In Rights under the Bayh-Dole Act. Under the Bayh-Dole Act, the federal government has the right to “march in” on patents on inventions created using taxpayer funds ..read more
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U.S. International Trade Commission Covid-19 Diagnostics and Treatment Development and Access Report
IP finance
by Unknown
3w ago
The U.S. International Trade Commission released a corrected version of its COVID-19 Diagnostics and Therapeutics: Supply, Demand and TRIPS Flexibilities Report in December of 2023.  Chapter 7 is a summary of views of interested parties.  I found that interesting, particularly the section on jobs related to the pharmaceutical and biotech industries.  The following is an excerpt from the Executive Summary: The TRIPS Agreement sets minimum standards for the protection and enforcement of IP rights. It also includes flexibilities. Persons providing input to the Commission disagreed ..read more
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U.S. FTC: Unpacking Technology Companies Acquisition of AI-related Technologies
IP finance
by Unknown
3w ago
The U.S. Federal Trade Commission is gathering information from major technology companies regarding their acquisition of technology from other companies concerning artificial intelligence.  The FTC press release states: The Federal Trade Commission announced today that it issued orders to five companies requiring them to provide information regarding recent investments and partnerships involving generative AI companies and major cloud service providers. The agency’s 6(b) inquiry will scrutinize corporate partnerships and investments with AI providers to build a better internal understand ..read more
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U.S. GAO Report on Tracking U.S. Government Funding to Foreign Entities
IP finance
by Unknown
1M ago
The U.S. Government Accountability Office released a report on January 11, 2024, which studies federal funding provided to foreign entities for research and development.  The Report states: According to the National Science Foundation, federal agencies obligated about $1.4 billion for R&D with foreign entities in fiscal year 2020 (the most recent data available). However, some foreign entities may try to exploit U.S. openness in sharing R&D for nefarious purposes. The Research and Development, Competition, and Innovation Act includes a provision for GAO to review research funding ..read more
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Microsoft Threat Intelligence Report on Cybersecurity Attacks Against Universities
IP finance
by Unknown
1M ago
On January 17, 2024, Microsoft released a threat intelligence report concerning cybersecurity attacks against certain university researchers across the West and other countries.  The threat report states, in part: Since November 2023, Microsoft has observed a distinct subset of Mint Sandstorm (PHOSPHORUS) targeting high-profile individuals working on Middle Eastern affairs at universities and research organizations in Belgium, France, Gaza, Israel, the United Kingdom, and the United States. In this campaign, Mint Sandstorm used bespoke phishing lures in an attempt to socially engineer tar ..read more
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U.S. DOJ and FTC Release Merger Guidelines
IP finance
by Unknown
2M ago
U.S. Department of Justice and Federal Trade Commission issued Merger Guidelines on December 18, 2023.  The Press Release states, in part: Today, the Justice Department and the Federal Trade Commission (FTC) jointly issued the 2023 Merger Guidelines, which describe factors and frameworks the agencies utilize when reviewing mergers and acquisitions. The 2023 Merger Guidelines are the culmination of a nearly two-year process of public engagement and reflect modern market realities, advances in economics and law, and the lived experiences of a diverse array of market participants. “Thes ..read more
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U.S. House Report on Competition with Chinese Communist Party
IP finance
by Unknown
2M ago
On December 12, 2023, U.S. House of Representatives, select Committee on the Strategic Competition Between the United States and the Chinese Communist issued a 53 page report titled, “Party, Reset, Present, and Build: A Strategy to Win America’s Economic Competition with the Chinese Communist Party.”  Unsurprisingly, the report notes concerns with market access and intellectual property theft.  The report also takes on U.S. companies, including venture capitalists for funding China’s development, and China's WTO participation.  The report sets forth three pillars with key findin ..read more
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The Exercise of Bayh-Dole March-in Rights Coming Soon?
IP finance
by Unknown
2M ago
The U.S. Department of Commerce, National Institute of Standards and Technology has released a proposed framework for analyzing whether march-in rights under the Bayh-Dole Act should be exercised.  Notably, march-in rights have never been exercised.  A concern is that exercise of the rights could create a disincentive for companies to invest in commercializing government funded inventions.  Additionally, there is a concern that basing the exercise of march-in rights on pricing concerns will be particularly harmful.  The proposed framework can be found, here.  There is ..read more
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Copyright and Artificial Intelligence. Free Webinar 7th of December 2023. 3 p.m. GMT = 4 p.m. CET
IP finance
by OxFirst
3M ago
    Join For a Free Webinar 7th December 2023, 15:00GMT register Here: https://oxfirst.com/copyright-ai/     Copyright & AI Artificial intelligence is an increasingly present force in everyday life and one that is currently attracting the attention of regulatory bodies around the world. The US Copyright Office, the Canadian Government and others have all launched consultations this year to examine the issues. Equally Sweden is starting to take an interest in this topic.  In t ..read more
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