Standard Setting Organisations and Standard Essential Patents: Voting and Markets

• 成果类型: Article
• 署名作者: Spulber, Daniel F.
• 署名单位: Northwestern University
• 刊物名称: ECONOMIC JOURNAL
• ISSN/ISSBN: 0013-0133
• DOI: 10.1111/ecoj.12606
• 发表日期: 2019
• 页码: 1477-1509
• 关键词: intellectual property-rights; public-goods; frand; COMPETITION; consortia; rules; performance; allocation; AGREEMENTS; EXISTENCE

摘要

The analysis provides conditions under which standard setting organisations (SSOs) choose efficient technology standards. I introduce a two-stage game with both voting and market competition. In equilibrium, standards and market outcomes are efficient even with market power from scarce capacity and standard essential patents (SEPs). I show that a drastic innovation with SEPs generates greater social welfare than a less efficient standard without SEPs. A key finding is that voting power and market power have counterbalancing effects. The discussion helps explain empirical observation of differences in SSO voting rules, intellectual property (IP) rules, membership and alliances.