Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
Smart Africa: Patents and Standards in ICT, a roadmap for Africa in the digital world
Uppsala University, Disciplinary Domain of Humanities and Social Sciences, Faculty of Law, Department of Law.
2018 (English)Independent thesis Advanced level (degree of Master (One Year)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

The mobile revolution has had a huge effect on our lives in all spheres. To ensure its continued evolution patents have played a part in protecting rightsholders from infringement cases by implementers. Also, many companies in the ICT industry focusing on innovation have come together to create standards, which ensure interoperability and compatibility of devices whilst supporting an ecosystem that is beneficial for both innovators and implementers as well as the consumers. Despite challenges (hold-up and hold-out) arising, regulators and standards organizations have created policies to regulate the processes involved. This has seen the introduction of FRAND and other international agreements. Using 3GPP as an illustration, this thesis highlights the efforts that are poured in research and development to even come up with a set standard that is universally applicable. This thesis gives an analysis on the underlying principles and processes that allow for standardization. It focuses on the relationship between patents and standards and how a strong IPR system has an impact on the progress of technology innovation. This thesis will highlight the benefits that arise from an ecosystem that is predevelopment and analyses the legal cases that have been dealt with over the years. Several cases have been brought before the courts in different jurisdictions to address issues relating to standardization and the ruling have seen a change in direction on the way to approach FRAND. The landmark case Huawei v ZTE paved a way for Europe’s balanced approach on licensing agreements and now courts have realized the importance of both parties to actively participate in good faith negotiations. The same has happened in the United states where after eBay v MercExchange the courts are now realizing hold-out is equally detrimental as hold-up and can create complications in licensing. The courts are now reluctant in offering injunctive relief without efforts from both parties to perform licensing agreements. As the technological boom continues in an upward trajectory it is crucial now, more than ever for Africa to join in and leverage the available laws to benefit its SMEs and ICT industry and strengthen its IPR system. Legend has it that the stronger the protection of own technological know-how, the higher the likelihood to join formal standardization processes to leverage the value of the technological portfolios. The empirical findings establish that if African countries develop their IPR system, this can be a source of encouragement for innovators to engage in global standardization.

Place, publisher, year, edition, pages
2018. , p. 67
Keywords [en]
FRAND, SEP, Standards, patents, mobile technology, ICT, Huawei, 3GPP, royalties, IPR, Africa, Licensing
National Category
Law
Identifiers
URN: urn:nbn:se:uu:diva-353712OAI: oai:DiVA.org:uu-353712DiVA, id: diva2:1218798
External cooperation
Ericsson AB
Educational program
Master Programme in Intellectual Property Law
Presentation
2018-06-05, munken 1, uppsala, 13:00 (English)
Supervisors
Examiners
Available from: 2018-07-02 Created: 2018-06-14 Last updated: 2018-07-02Bibliographically approved

Open Access in DiVA

fulltext(870 kB)3 downloads
File information
File name FULLTEXT01.pdfFile size 870 kBChecksum SHA-512
73a03ea24593d66b373106094d0125069ece6153f3d0ed74343f1a0890c943e98b7747e4adf519659bed92f8d12d09c9068b6bfec1a2cae81c6154942208521d
Type fulltextMimetype application/pdf

By organisation
Department of Law
Law

Search outside of DiVA

GoogleGoogle Scholar
Total: 3 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

urn-nbn

Altmetric score

urn-nbn
Total: 12 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf