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Tilburg Law and Economics Center

TILEC supports and stimulates academic research on the governance of economic activity. It fosters academically path breaking and practically relevant research and aims to be a leading center worldwide.

TILEC Work in Progress: Jingze Li

When FRAND meets an open source license: challenges to IPR rules in standard setting organizations, the case of Apache v.2 in ETSI under the lens of EU competition law as an example

10:45-11:45, M 1003

“Recently, the utilization of open source software in SSOs has obtained much attention. A pioneering step was taken by European Telecommunication Standardization Institute (ETSI) to host an open source project called the Open Source MANO (OSM) under the open source license Apache v.2. Although hosting an open source project in an SSO is often initiated by technical considerations (e.g. open source software is agile in developing test implementations to specifications), it will also influence the existing balanced IPR arrangements structure of the SSO, which is largely based on FRAND commitment on SEPs and copyright rules of SSO specifications. Against this background, this paper aims at addressing the following questions: what are the influences of an open source license to the FRAND based IPR policy? Will these effects shift the balance between companies with different business models and cause restraints on competition? Whether the EU competition law or self-regulation by SSOs is well equipped in protecting competition in this innovation model?”

When: 16 January 2019 10:45

End date: 16 January 2019 11:45