IPR Paralysis in Standardization: Is Regulatory Symmetry Desirable?

Fear of legal claims on intellectual property rights (IPRs) sometimes paralyzes standards processes. IPR procedures of standards bodies address such problems. However, by default unresolved problems will be addressed by the legal regime. The process of Java‘ standardization, which is a red thread in this article, well illustrates what may happen. In case of conflict between IPRs and compatibility interests, the legal regime is such that mostly IPR interests preside. Should we strive for more symmetry between IPRs and compatibility interests? The usual rationale for IPR regulation is that it stimulates innovation. I argue that the public is equally served by compatibility. I analyze to what degree the public interest in compatibility is institutionalized in European, United States, and international regulation and end with questions that are meant to fuel policy debate.