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WORLD INTELLECTUAL PROPERTY ORGANIZATION …

1 WORLD INTELLECTUAL PROPERTY ORGANIZATION (WIPO) PATENT POOLS AND ANTITRUST A COMPARATIVE ANALYSIS Prepared by the Secretariat (March 2014) 2 Contents I. Introduction and Purpose .. 3 II. Patent Pools An Overview .. 3 Substitute Patents and Complementary Patents .. 4 Essential and Non-Essential Patents .. 5 Standardization and Patent Pools .. 6 Standard Setting and F/RAND Terms .. 8 Effects on Competition .. 9 Pro-Competitive Effects .. 9 Competitive Concerns ..10 III. IP/Antitrust Guidelines in Selected United Canada.

when assessing the potential threats on competition by the creation of a pool. Patents are non-essential if there are substitutes to the covered technology. 15. Given that essential patents are always complementary, patent pools comprising of essential patents are less likely to lead to competitive concerns while patent pools

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