TILEC Seminar: Pierre Larouche and Martin Husovec
10:45-11:45, M 1003
Making the Rules: The Governance of Standard Development Organizations and their Policies on Intellectual Property Rights
As an expert in competition law, economic governance, and civil liability within the traditions of civil and common law, Pierre Larouche is a full professor in law and innovation at the Faculty of Law at the Université de Montréal. A graduate from the law faculties of McGill University, the University of Bonn, and Maastricht University, Mr. Larouche has been a full professor in competition law at Tilburg University, in the Netherlands, since 2002, where he notably co-founded the Tilburg Law and Economics Center (TILEC), a world-leading research centre in economic governance. Over the course of his academic career in Europe, Mr. Larouche also developed and established an innovative undergraduate program, the Bachelor in Global Law, at Tilburg University. Furthermore, he taught at the College of Europe in Bruges, and was a visiting professor at several universities in America (Northwestern, Pennsylvania), Europe (Sciences Po, Bonn), and Asia (Singapore).
Prof. Larouche has published some sixty monographs, articles, and scientific contributions, and his work, which has been cited by the Court of Justice of the European Union and the Supreme Court of the United Kingdom, informed the electronic communications and competition policies adopted by the European Commission.
In addition to his private law practice, he served as law clerk to the Honourable Charles D. Gonthier of the Supreme Court of Canada. Prof. Larouche also participates in the activities of the Public Law Research Centre (CRDP) and the Centre of the Law of Business and International Trade (CDACI). Additionally, he contributed greatly to the “Innovation, Science, Technology, and Law” doctorate option launched by the Faculty in the fall of 2017.
Making the Rules: The Governance of Standard Development Organizations and their Policies on Intellectual Property Rights (March 8, 2019).
by Baron, Justus, Contreras, Jorge L., Husovec, Martin and Larouche, Pierre,
JRC Science for Policy Report, EUR 29655 EN (March 2019); ISBN 978-92-76-00023-5 . Available at SSRN: https://ssrn.com/abstract=3364722
This study provides a comprehensive analysis of the governance of standard development organizations (SDOs), with a particular emphasis on organizations developing standards for Information and Communication Technologies (ICT). The analysis is based on 17 SDO case studies, a survey of SDO stakeholders, an expert workshop, and a comprehensive review of the legal and economic literature. The study considers the external factors conditioning SDO decision making on rules and procedures, including binding legal requirements, government influence, the network of cooperative relationships with other SDOs and related organizations, and competitive forces. SDO decision-making is also shaped by internal factors, such as the SDOs’ institutional architecture of decision-making bodies and their respective decision-making processes, which govern the interaction among SDO stakeholders and between stakeholders and the SDO itself. The study also analyzes governance principles, such as openness, balance of interests, and consensus decisionmaking, and discusses their interplay. The insights from these analyses are applied to SDO decision making on Intellectual Property Rights (IPR) policies, which represents a particularly salient and controversial aspect of SDO policy development.