|Waxing lyrical again|
Definite article 3. Not so much an article as a thoughtful and well-reasoned paper, "Repairing FRAND: Recreating Open Access to Telecoms Standards" is a piece by Sharaz Gill (Associate Vice-President and Licensing EMEA, HTC Belgium's Middle East Branch). The position from which Sharaz starts is this:
* early declaration of essential patents; and
* a commitment to license essential patents on Fair, Reasonable and Non-Discriminatory [i.e. FRAND] terms.
2. The current proliferation of patent infringement litigation against manufacturers of handsets and other telecoms equipment, especially in relation to essential patents, the constant stream of extraordinary royalty demands from various patent owners, and the complete uncertainty as to whether total royalties payable on LTE devices will render that technology economically unfeasible, demonstrate that this FRAND model is no longer effective".This doesn't mean that FRAND is the wrong way to go about things, but rather that it needs some functional adjustment to enable the reality to match the theory. You can read the full text here. If you are a FRAND enthusiast, don't forget to check out the many articles on the IP Finance weblog that cover that topic -- particularly those guested by Keith Mallinson. There are also some litigation-oriented pieces on FRAND to be found on the PatLit weblog.
MARQUES, the European trade mark organisation which is much loved by IPKat team blogger Jeremy, has been getting a little more adventurous with its social media, which he is coordinating. Following a question to MARQUES's LinkedIn Group about whether anyone knew of a good course on how to draft trade mark coexistence agreements, a little blogging and tweeting ascertained that there was quite a bit of untapped demand for such a course around Europe. If you'd like to attend such a course (or if you'd like to volunteer to run it!), click here.
jiplp weblog is busily flaunting the Journal of Intellectual Property Law & Practice's very own QR Code (right). Meanwhile, Afro-IP has just published news of a major pharmaceutical trade mark dispute in South Africa over whether ZEMAX and ZETOMAX are confusingly similar (with some interesting asides about the industry itself). Criticism and review are grounds on which the reproduction of another's work may be excused copyright infringement, but they won't help you gain access to an art exhibition if you're an art critic to whom the exhibiting gallery has taken objection, explains Elizabeth Emerson in Art & Artifice.
here. The fifth edition came out at the very end of 2009, so some freshening-up is needed. If any readers who use this book have suggestions for things they'd like to see in the sixth edition [Merpel adds, what about readers who haven't bought it because it doesn't have what they're looking for?], can they please let Jeremy know by email here so he can do his best to bring their wish into fruition.
here (katpat to Chris Torrero for the link).