Fair, Reasonable, And Non-discriminatory
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Fair, Reasonable, And Non-discriminatory
Reasonable and non-discriminatory (RAND) terms, also known as fair, reasonable, and non-discriminatory (FRAND) terms, denote a voluntary licensing commitment that standards organizations often request from the owner of an intellectual property right (usually a patent) that is, or may become, essential to practice a technical standard. Put differently, a F/RAND commitment is a voluntary agreement between the standard-setting organization and the holder of standard-essential patents. U.S. courts, as well as courts in other jurisdictions, have found that, in appropriate circumstances, the implementer of a standard—that is, a firm or entity that uses a standard to render a service or manufacture a product—is an intended third-party beneficiary of the FRAND agreement, and, as such, is entitled to certain rights conferred by that agreement. A standard-setting organization is an industry group that sets common standards for its particular industry to ensure compatibility and intero ...
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Standards Organization
A standards organization, standards body, standards developing organization (SDO), or standards setting organization (SSO) is an organization whose primary function is developing, coordinating, promulgating, revising, amending, reissuing, interpreting, or otherwise contributing to the usefulness of technical standards to those who employ them. Such an organization works to create uniformity across producers, consumers, government agencies, and other relevant parties regarding terminology, product specifications (e.g. size, including units of measure), protocols, and more. Its goals could include ensuring that Company A's external hard drive works on Company B's computer, an individual's blood pressure measures the same with Company C's sphygmomanometer as it does with Company D's, or that all shirts that should not be ironed have the same icon (a clothes iron crossed out with an X) on the label. Most standards are voluntary in the sense that they are offered for adoption by people ...
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Open Standard
An open standard is a standard that is openly accessible and usable by anyone. It is also a prerequisite to use open license, non-discrimination and extensibility. Typically, anybody can participate in the development. There is no single definition, and interpretations vary with usage. The terms ''open'' and ''standard'' have a wide range of meanings associated with their usage. There are a number of definitions of open standards which emphasize different aspects of openness, including the openness of the resulting specification, the openness of the drafting process, and the ownership of rights in the standard. The term "standard" is sometimes restricted to technologies approved by formalized committees that are open to participation by all interested parties and operate on a consensus basis. The definitions of the term ''open standard'' used by academics, the European Union, and some of its member governments or parliaments such as Denmark, France, and Spain preclude open standard ...
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Berkeley Technology Law Journal
The ''Berkeley Technology Law Journal'' (BTLJ) is a law journal published at the University of California, Berkeley School of Law. It started publication in Spring 1986 as the ''High Technology Law Journal'' and changed its name to BTLJ in 1996.BTLJ, January 1986, https://btlj.org/1986/01/BTLJ, About, https://btlj.org/about/ The journal covers emerging issues of law in the areas of intellectual property, cyber law, information law, and biotechnology, as well as antitrust and telecommunications Telecommunication is the transmission of information by various types of technologies over wire, radio, optical, or other electromagnetic systems. It has its origin in the desire of humans for communication over a distance greater than that fe ... law. The journal appears quarterly and its membership typically includes over 100 students. The Journal was ranked 45 among 1605 law journals in the Washington and Lee University School of Law's journal ranking list. The ''Annual Review of La ...
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WCDMA
The Universal Mobile Telecommunications System (UMTS) is a third generation mobile cellular system for networks based on the GSM standard. Developed and maintained by the 3GPP (3rd Generation Partnership Project), UMTS is a component of the International Telecommunication Union IMT-2000 standard set and compares with the CDMA2000 standard set for networks based on the competing cdmaOne technology. UMTS uses wideband code-division multiple access (W-CDMA) radio access technology to offer greater spectral efficiency and bandwidth to mobile network operators. UMTS specifies a complete network system, which includes the radio access network (UMTS Terrestrial Radio Access Network, or UTRAN), the core network (Mobile Application Part, or MAP) and the authentication of users via SIM (subscriber identity module) cards. The technology described in UMTS is sometimes also referred to as Freedom of Mobile Multimedia Access (FOMA) or 3GSM. Unlike EDGE (IMT Single-Carrier, based on GSM) and ...
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Journal Of Intellectual Property Law & Practice
The ''Journal of Intellectual Property Law & Practice'' is a monthly peer-reviewed law journal covering intellectual property law and practice, published by Oxford University Press. Contributions range from concise "Current Intelligence" articles, "Practice Points" focusing upon how to optimise a particular aspect of IP practice, as well as lengthier articles and book reviews. The journal is supplemented by a blog.Journal of Intellectual Property Law & Practice web site''About this Journal'' Accessed February 27, 2007. The journal was established in November 2005. The founding editor-in-chief was Jeremy Phillips (Queen Mary Intellectual Property Research Institute). The current editors are Eleonora Rosati (Stockholm University and Bird & Bird) and Stefano Barazza (Swansea University). See also *List of intellectual property law journals This list includes notable journals and magazines concerned with intellectual property (IP) law and business, and their various sub-fields, suc ...
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Huawei V ZTE
Huawei Technologies Co., Ltd. ( ; ) is a Chinese multinational technology corporation headquartered in Shenzhen, Guangdong, China. It designs, develops, produces and sells telecommunications equipment, consumer electronics and various smart devices. The corporation was founded in 1987 by Ren Zhengfei, a former officer in the People's Liberation Army (PLA). Initially focused on manufacturing phone switches, Huawei has expanded its business to include building telecommunications networks, providing operational and consulting services and equipment to enterprises inside and outside of China, and manufacturing communications devices for the consumer market. Huawei has deployed its products and services in more than 170 countries and areas. It overtook Ericsson in 2012 as the largest telecommunications equipment manufacturer in the world, and overtook Apple in 2018 as the second-largest manufacturer of smartphones in the world, behind Samsung Electronics. In 2018, Huawei reporte ...
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European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ...
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Orange-Book-Standard
''Orange-Book-Standard'' (Az. KZR 39/06) is a decision issued on May 6, 2009 by the Federal Court of Justice of Germany (german: Bundesgerichtshof, BGH) on the interaction between patent law and technical standards, and more generally between intellectual property law and competition law. The Court held that a defendant, accused of patent infringement and who was not able to obtain a license from the patentee, may defend himself, under certain conditions, by invoking an abuse of a dominant market position. The name "Orange-Book-Standard" comes from the Orange Book that contained the format specifications for CD-Rs, the technology at issue in the case that led to the Orange-Book-Standard decision.Mark Schweizer"Dutch see Orange Book differently; Philips prevails again" IPKat, March 18, 2010. See also * Essential patent * European Union competition law * Rainbow Books, the collection of standards defining the formats of Compact Discs, including the Orange Book standard * Reason ...
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Case Law
Case law, also used interchangeably with common law, is law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. ''Stare decisis''—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law. In common law countries (including the United Kingdom, United States, Canada, Australia and Ne ...
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Free Software Foundation
The Free Software Foundation (FSF) is a 501(c)#501(c)(3), 501(c)(3) non-profit organization founded by Richard Stallman on October 4, 1985, to support the free software movement, with the organization's preference for software being distributed under copyleft ("share alike") terms, such as with its own GNU General Public License. The FSF was incorporated in Boston, Massachusetts, United States, US, where it is also based. From its founding until the mid-1990s, FSF's funds were mostly used to employ software developers to write free software for the GNU Project. Since the mid-1990s, the FSF's employees and volunteers have mostly worked on legal and structural issues for the free software movement and the free software community. Consistent with its goals, the FSF aims to use only free software on its own computers. History The Free Software Foundation was founded in 1985 as a Nonprofit corporation, non-profit corporation supporting free software development. It continued existi ...
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Freeware
Freeware is software, most often proprietary, that is distributed at no monetary cost to the end user. There is no agreed-upon set of rights, license, or EULA that defines ''freeware'' unambiguously; every publisher defines its own rules for the freeware it offers. For instance, modification, redistribution by third parties, and reverse engineering are permitted by some publishers but prohibited by others. Unlike with free and open-source software, which are also often distributed free of charge, the source code for freeware is typically not made available. Freeware may be intended to benefit its producer by, for example, encouraging sales of a more capable version, as in the freemium and shareware business models. History The term ''freeware'' was coined in 1982 by Andrew Fluegelman, who wanted to sell PC-Talk, the communications application he had created, outside of commercial distribution channels. Fluegelman distributed the program via a process now termed '' shareware''. ...
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