Suchergebnisse

Chapter 1: Digital Piracy: A Multidimensional Perspective -- Chapter 2: Awareness To Reduce Digital Piracy -- Chapter 3: Ethics, Morality & Norms: Do They Inhibit Digital Piracy? -- Chapter 4: Perceived Punishment and Digital Piracy: Certainty, Celerity and Severity of Digital Piracy -- Chapter 5: Neutralization Techniques: Means to Diffuse Responsibility -- Chapter 6: Peer Group Association Promotes Digital Piracy -- Chapter 7: Novelty Seeking: Exploring the Role of Variety Seeking Behavior in Digital Piracy -- Chapter 8: Role of Self-Control in Digital Piracy -- Chapter 9: Role of Self-Efficacy and Ability Towards the Act of Digital Piracy -- Chapter 10: Pro-industry Outlook: Consumers' Attitudes and Behaviors Towards Digital Piracy

This open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe.

Epistemologies, Paradigms, and Practices: The Rising Relevance of European Studies in Asia -- European World Heritage Sites in Asia: Sharing Cultural Experiences to Improve Protection and Understanding -- Towards understanding of Europe: Exercise in social imagination -- The Never-Ending Poly-Crisis: European Union Governance and Legitimacy beyond COVID-19.

This open access edited book captures the complexities and conflicts arising at the interface of intellectual property rights (IPR) and competition law. To do so, it discusses four specific themes: (a) policies governing functioning of standard setting organizations (SSOs), transparency and incentivising future innovation; (b) issue of royalties for standard essential patents (SEPs) and related disputes; (c) due process principles, procedural fairness and best practices in competition law; and (d) coherence of patent policies and consonance with competition law to support innovation in new technologies. Many countries have formulated policies and re-oriented their economies to foster technological innovation as it is seen as a major source of economic growth. At the same time, there have been tensions between patent laws and competition laws, despite the fact that both are intended to enhance consumer welfare. In this regard, licensing of SEPs has been debated extensively, although in most instances, innovators and implementers successfully negotiate licensing of SEPs. However, there have been instances where disagreements on royalty base and royalty rates, terms of licensing, bundling of patents in licenses, pooling of licenses have arisen, and this has resulted in a surge of litigation in various jurisdictions and also drawn the attention of competition/anti-trust regulators. Further, a lingering lack of consensus among scholars, industry experts and regulators regarding solutions and techniques that are apposite in these matters across jurisdictions has added to the confusion. This book looks at the processes adopted by the competition/anti-trust regulators to apply the principles of due process and procedural fairness in investigating abuse of dominance cases against innovators.

The European Commission in their recent communication paper (COM (2017) 712 final)(EC paper) titled 'Setting out the EU approach to Standard Essential Patents' considered the obligations that are cast upon parties during pre-licensing negotiations of SEPs on FRAND terms. The EC paper has derived such obligations from the behavioral criteria as determined by the CJEU in the Huawei judgement. While Huawei provided the general framework, it further evolved through various court decisions in Germany and in the Unwired Planet case. This chapter reflects on the framework developed in the Huawei judgment and shows how this framework has evolved in the post Huawei cases in Germany and UK. The post Huawei cases have tried to adhere to the overall framework provided under Huawei, although there are number of inconsistencies as to specific obligations. From the perceived inconsistences, this chapter concludes on a note that the overall conduct of the parties would play a major role before granting injunctive relief to SEP holders.