The Role of Standard-Setting Organizations in Intellectual Property Management

Title: The Role of Standard-Setting Organizations in Intellectual Property Management

Research Question: How do standard-setting organizations (SSOs) manage intellectual property rights within their industries, and what are the implications of these practices?

Methodology: The study involved surveying dozens of standard-setting organizations, primarily but not exclusively in the computer networking and telecommunications industries. The research aimed to understand the diversity in intellectual property policies among these organizations and the factors that influence these policies.

Results: The research found a remarkable diversity in how standard-setting organizations treat intellectual property rights. This diversity is largely accidental and not a result of conscious competition between different policies.

Implications: The study suggests that intellectual property rights within standard-setting organizations fundamentally change the approach to the study of intellectual property. It is not enough to consider IP rights in isolation; one must also consider how SSO rules affect IP incentives. The research also highlights that antitrust law is not well-equipped to handle the modern role of standard-setting organizations. The antitrust rules may not adequately address the complexities of intellectual property management within these organizations.

In conclusion, this research emphasizes the importance of considering standard-setting organizations when studying intellectual property rights. It also underscores the need for a more nuanced approach to antitrust law when dealing with standard-setting organizations and their intellectual property policies.

Link to Article: https://arxiv.org/abs/0109037v1 Authors: arXiv ID: 0109037v1