Standard Setting, Intellectual Property Rights, and the Role of Antitrust in Regulating Incomplete Contracts
نویسندگان
چکیده
Standard-setting organizations (SSOs) are of growing importance as an institution for coordinating and facilitating the economic activities of intellectual property rights holders. SSOs thus foster economic benefits of standardization and of commercializing innovation. Market adoption of standards that call for standard-compliant products to use intellectual property rights (IPRs), however, raises the potential for the creation of market power. The existence of many independent property rights incorporated into a single standardized product also increases transaction costs and the potential for coordination problems. Strategic behavior exploiting these issues may raise antitrust concerns; however, the various measures SSOs and their members adopt in response to these problems—including SSO contractual provisions—can also raise competition policy concerns.
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