[governance] The US Department of Justice and USPTO call for compulsory licenses on thousands of "standards-essential" patents

Suresh Ramasubramanian suresh at hserus.net
Wed Feb 27 04:03:51 EST 2013


Important - yes.

Related to internet governance in any shape or form - no.

Which is why I must repeat my plea that we retain focus.

--srs (iPad)

On 27-Feb-2013, at 14:13, Jamie Love <james.love at keionline.org> wrote:

> I think the DOJ/PTO decision is pretty important, because it (1)
> recognizes the problem that thousands of exclusive rights presents to
> developers of new services and products, and (2) is directed at
> standards, which are at the core of the Internet's operation.
> Exclusive rights have become an outdated and much abused paradigm for
> patents and copyrights in a wide range of contexts, and governments
> have been slow to fashion new paradigms.
> 
> 
> On Wed, Feb 27, 2013 at 10:37 AM, Suresh Ramasubramanian
> <suresh at hserus.net> wrote:
>> "exceptionalism", "rentiers" - the point would be made much better without such stale and overused ideological catchphrases.
>> 
>> Anyway - there is plenty of recorded government intervention in the patent system. Worldwide, and in the United States.
>> 
>> --srs (iPad)
>> 
>> On 27-Feb-2013, at 13:53, Riaz K Tayob <riaz.tayob at gmail.com> wrote:
>> 
>>> Conceptions of the ecosystems of Internet Governance differ, particularly as relates to legitimacy or exceptionalism issues.
>>> 
>>> At a similar level of abstraction, what this shows is that national choices can have extra territorial effect, namely the policy of low quality patents in the US and the relegation of disputes to the legal system.
>>> 
>>> In addition, there is the local US tension between the old intel prop rentiers in the Pharma (20 year patent) and recording industries (70 y plus copyright) vs the more dynamic and fast moving ICT industry; and perhaps this is an indication that the US has decided to take action on these matters, in order to reap what it has sown. It does indicate that even the sacred cow of the patent system is not beyond the bounds of intervention, which at this level of abstraction should attract critiques of governmental intervention *which for some is presumptively bad.
>>> 
>>> 
>>> 
>>> 
>>> 
>>> 
>>> On 2013/02/27 08:05 AM, Lee W McKnight wrote:
>>>> Actually...one might geopolitically view the USPTO policy change as primarily motivated at forcing a truce among device manufacturers/patent holders.
>>> 
>>> 
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>> 
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> 
> 
> 
> -- 
> James Love.  Knowledge Ecology International
> http://www.keionline.org, +1.202.332.2670, US Mobile: +1.202.361.3040,
> Geneva Mobile: +41.76.413.6584, efax: +1.888.245.3140.
> twitter.com/jamie_love

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