A review of IPR policy revisions in the wake of antitrust actions

Abstract

The debate over potential antitrust concerns for the use of protected intellectual property within standard setting often centers on the rules and regulations in place at Standard Setting Organizations (SSOs). I consider a broader question of IPR policy: what are SSOs doing, of their own volition, to address apparent antitrust gaps or weaknesses within their IPR rules? This paper systematically assesses what SSOs have actually done (or failed to do) in reaction to antitrust concerns, as those concerns emerge over time.