Standardization research is a fairly new and is a still-evolving field of research, with possibly major practical ramifications. This article presents a summary of the authors' subjective views of the most pressing research topics in the field. These include, among others, standards (e.g. incorporation of ethical issues), the potential impact of standards, the corporate management of standardization and legal issues like Intellectual Property Rights (IPR). In addition, gaps have been identified with a respect to a basic understanding of standardization, suggesting a need for better education in the field.
In 2015, the Institute of Electrical and Electronics Engineers (IEEE) Standardization Association made some controversial changes to its patent policy. The changes include a recommended method of calculation of FRAND royalty rates, and a request to members holding a standardessential patent to forego their right to seek an injunction except under limited circumstances. The updated policy was adopted by the IEEE Board of Directors after obtaining a favourable Business Review Letter by the US Department of Justice, which found any potential competitive harm from the policy to be outweighed by potential pro-competitive benefits. In this paper, we examine whether the same favourable conclusion would be reached under EU competition analysis. After discussing the role of patent policies of standard-setting organizations and the rules and principles applicable to the IEEE's activities, the paper concludes that standardization agreements based on the updated policy may constitute a violation of article 101 TFEU.
Standardization of information and communication technologies (ICT) has become essential for the global economic activity. ICT standards provide for coordination between devices, interfaces, and networks; they support technical infrastructure, bolster e-commerce and rule digital markets. ICT standards also have a profound effect on global trade regulation since they serve both as enablers and barriers for transboundary commercial transactions. Because ICT standards are generally produced by the private sector, their trade-restrictive effects have so far largely managed to escape the purview of the World Trade Organization (WTO). However, due to their growing normative consequences, the status quo of ICT standards and ICT standards bodies in multilateral trade cannot be maintained any longer. This Article argues that the WTO has powerful tools to address trade-restrictive effects of ICT standards, at the very least by giving a normative account to institutional characteristics of ICT standards bodies, but that these tools are not effectively used by Members. Conversely, the current application of the Technical Barriers to Trade (TBT) instruments privileges powerful economic actors, expanding the gap between the developed and developing countries. A new, rule-based approach is required to re-establish the WTO’s relevance in standard setting and address power imbalances brought by technological convergence. ICT standards, TBT Agreement, TBT Committee Decision, TBT Code of Good Practice, technical standardization
This book presents a first comprehensive effort to explore the mechanics and fundamentals of global ICT standardization. It offers a comprehensive study of legal rules governing ICT standardization; systematically analyses governance and institutional features of some most prominent Standards Development Organizations; and presents qualitative empirical evidence on implementation of these rules in practice. By evaluating legal and procedural rules in light of current practices and tendencies in the industry, the book explores various options available for disciplining ICT standardization from the viewpoint of the applicable legislation, judiciary, and internal governance rules of Standards Development Organizations and offers practical solutions on how to increase the legitimacy of ICT standards. Adding to the previous theoretical approach to the field of standardization from historical, legal and political science perspective, this book applies theoretical considerations to unexplored scenarios, offering a holistic picture of ICT standardization and providing a novel contribution to the field.
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