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INVITATION: “INTELLECTUAL PROPERTY AND STANDARD SETTING-COMPETITION LAW IMPLICATIONS”

University of Malaya Malaysian Centre of Regulatory Studies (UMCoRS) is pleased to invite you to a Public Lecture by Dr. R. Ian McEwin, Khazanah Nasional Chair.

Details of the lecture are as follows:
 
 
Speaker:
Dr. R. Ian McEwin, Khazanah Nasional Chair
  
Date: Tuesday, 4 November 2014
 
Time: 3.00 pm – 5.00 pm
  
Venue: Lecture Hall 3,
Faculty of Economics & Administration,
University of Malaya
  
Fee: Free Admission (RSVP before 28 October 2014)

Synopsis

Standards (technical specifications that provide a common plan or platform for a product or process) have become increasingly important to many industries - particularly in industries such as telecoms where intellectual property is critical. In these markets, standards enable connectivity and interoperability and typically involve a specification for a common interface. Standards have wide and varied application and can extend from a simple specification of paper size to highly complex technical specifications in ‘network markets’ where the value of a product or service to consumers increases with the number of people or products with whom they can communicate or interoperate – such as between mobile phones and applications written for specific computer operating systems.

Standard setting organisations (SSOs) set standards, usually on an industry basis. Before a standard is agreed upon SSOs usually have a choice of technologies but once a standard is determined, competing alternatives often fall away leaving open the possibility that owners of the essential patents (called standard essential patents or “SEPs”) that rely on the chosen technology can demand excessive rents from potential adopters, often bolstered by threatening to seek an injunction. SSOs typically attempt to prevent this ‘hold-up’ problem in advance by requiring holders of standard essential patents to licence their technologies on FRAND (fair, reasonable and non-discriminatory) terms). FRAND commitments are critical in ensuring that implementers have access to SEPs on commercially realistic terms. SEP’s are important in many areas of technology including wireless broadband, video compression and telecommunications standards.

SEP owners who seek injunctions to prevent use of their patents or who impose high licensing royalties have been the subject of competition law scrutiny in a number of countries including China, Europe, India, Germany and the United States. Should the seeking of injunctions or high royalty rates in the context of SSOs be an abuse of dominance and so violate competition law? What principles should apply in determining what is a fair and reasonable royalty? These issues will be discussed in the context of the economics of intellectual property and competition law using case-law from other countries. Implications will be drawn for Malaysia.
 

Programme

3:00 pm
Arrival of guests and registration
3:15 pm
Arrival of Professor Datuk Dr. Mohd Amin Jalaludin,
Vice-Chansellor, University of Malaya
3:30 pm
Welcome speech by Professor Datuk Dr. Mohd Amin Jalaludin
3:45 pm

Introduction of speaker
Lecture titled “Intellectual Property and Standard Setting- Competition Law Implications” by Dr. R. Ian McEwin,
Khazanah Nasional Chair of University of Malaya Malaysian Centre of Regulatory Studies (UMCoRS)

Q & A Session

5:00 pm
Refreshments


 

Kindly RSVP before 28 October 2014 (Email: umcors@um.edu.my, nurin@um.edu.my or Tel: 03-2246 3369/3370/3372/3368 or fill in the enclosed reply slip and fax it to 03-2246 3367).

For further information please do not hesitate to contact Nurin Hanani at the number above or email to nurin@um.edu.my. We look forward to your participation.