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Articles by Roya Ghafele
The AI Act and IP - will Europe’s AI prospects be improved?
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[Guest post] Transparency requirements in the EU Provisional Agreement on the Artificial Intelligence Act influence the copyright and wider tech debate
The IPKat has received and is pleased to host the following guest opinion by Katfriend Roya Ghafele (OxFirst), addressing the copyright implications of the upcoming EU Artificial Intelligence Act.
Kluwer Patent Blog
In certain technological fields, it is necessary to choose a solution and adopt it as a standard. Imagine, for example, if each electronic device came with a different socket-outlet format or if each airport in the world used a different communication system to connect its control tower with airplanes. It would be catastrophic or, at…
FRAND Determination is Center Stage in EC Proposed Standard Essential Patents Regulation
The Standard Essential Patents (SEPs) Regulation Proposal also known as the IP Action Plan formally issued by the European Commission today suggests groundbreaking changes to the standard essential patent landscape as we know it. The SEPs Regulation Proposal indicates the European Commission’s desire to establish four major requirements for SEPs holders and implementers.
Patented Tobacco Harm Reduction: Is It Only for the Developed World?
Although a silent technological revolution is currently taking place in the tobacco industry, there is no publicly available data on patents that read on tobacco harm-reduction technologies. We recently conducted a patent analysis and found that, in the developing world, there are only few patents filed relating to tobacco harm reduction. This stands in stark contrast to the rigorous intellectual property (IP) enforcement strategy pursued in developed nations.
What Michael Jackson’s taxes tell us about IP Valuation
Vicki L. Miller / Shutterstock.com The dispute over the pop star’s estate highlighted the need for a more systematic method of valuing intangible assets, argues Roya Ghafele of OxFirst. On May 3, US courts offered further insights on the valuation of IP. The decision of US Tax Court Judge Mark Holmes ended a seven-year dispute between the Internal Revenue Service (IRS) and the managers of Michael Jackson’s estate.
The Valuation of Standard-Essential Patents: Is There a Comm
At the same time as wireless communication standards have gained economic importance, litigations pertaining to standard-essential patents fill courtrooms across the globe. Lots of examples can be found around the world. Ericsson and Samsung are in dispute over standard-essential patents, so are Nokia and Daimler, Panoptis and Apple, and many others. The sums that international technology corporations are prepared to invest to defend their position are significant.
A Standard Essential Patent Valuation Perspective on Ericsson v. Samsung
By Roya Ghafele April 23, 2021 “Which valuation methods the Ericsson v. Samsung court will use remains to be seen. That it will be possible to determine the value of SEPs is, however, not debatable…. With a wealth of experience in court-determined (F)RAND royalty rates, the U.S. court is certainly equipped to perform this assessment.” As the battle over the adequate forum for Ericsson v.
Insights into Intellectual Property Business Strategy
The strategic management of IP requires a new understanding of what IP is and what role it can play in a corporate context. Understanding IP as an internal resource to a firm rather than a negative right, allows a firm to exploit IP beyond its current usage. Genuine IP meets all the criteria of what scholars of management have termed an internal resource under what is known as ’ It can be a unique and rare resource that is costly to imitate and gives a firm a competitive advantage in the market.
The Evolution of IP Management
Building the Patent Fence The practice of IP management is a recent discipline. Traditionally, IP departments have been run by members of the legal profession. Often, they are under the supervision of General Counsel. As such, their role has historically been defined from a risk management perspective. ‘Help the firm stay out of trouble and your job requirements were kind of met,’ states one legal professional who prefers to stay anonymous.
Lessons Information Technology Can Learn from the Patent Wars
Click to learn more about author Dr. Roya Ghafele. The decision of the Supreme Court of England and Wales on August 26 2020 in the matter of Huawei and ZTE vs Unwired Planet and Conversant, respectively, can have significant effects on the ICT sector and beyond. The Court’s take in this matter may set a precedent for the determination of FRAND royalty rates. After all, Unwired Planet vs Huawei is the first European judgment pronounced on the grounds of the valuation of standard essential patents.
A Commentary on the UK Supreme Court's Ruling in the Conversant Cases
By Roya Ghafele September 11, 2020 “This ‘ping-pong’ between courtrooms across the globe could in theory go on and on. An anti-suit injunction can trigger an anti-anti suit injunction and so on. This is not particularly conducive to enhancing legal certainty and opens up a Pandora’s box of novel issues to come to grips with.” Standards such as WiFi, GSM, 2G, 3G or 4G/LTE have been central to connecting the world.
Many Antagonisms, No Simple Solutions: International Enforcement of Standard Essential Patents
As reported on Kluwer Patent Blog, the Supreme Court of England and Wales issued a key decision in the Case of Huawei and ZTE vs Conversant and Unwired Planet. Both lawsuits pertain to standard essential patents and seek to resolve how address international commercial activity from a legal perspective. The cases offer a wealth of insights on the complex interplay between standards and patents. Given the brevity of this opinion, I am unable to comment on all of these.
UK Ruling Shows Global SEP Enforcement Dilemma
By Roya Ghafele (September 2, 2020, 4:52 PM EDT) -- The adoption of global standards for wireless communication has been instrumental for the further internationalization of economic activity. Instantaneous communication across the globe became only possible because of the global adoption of standards such as Wi-Fi, 3G or 4G/LTE. What opportunities next-generation technologies, such as 5G and 6G, will offer have yet to be explored.
Views on Huawei and ZTE vs Conversant/Unwired Planet
The Supreme Court decision in Huawei and ZTE vs Conversant and Unwired Planet, is a game changer for the U.K. and the international technology community. The Supreme Court dismissed the appeal of Huawei and ZTE and reconfirmed the decisions made by lower Courts.
IP Valuation for the Preservation of Public Health: Managing IP in the Age of COVID-19
By Roya Ghafele June 23, 2020 “The question is not whether patents related to COVID-19 should be given away for free or not, but rather how the profit motive can be managed in public-private partnerships for the benefit of public health.” Certainly, patents that read on a potential cure for COVID-19 deserve special treatment. After all, the cure for COVID-19 is not only crucial to save lives all over the world, but also to avoid the collapse of the global economy.
Managing IP under an Open Innovation Perspective
The many opportunities provided by managing patents under an open innovation paradigm have so far not found the attention they deserve among the patent community. The nationalist approaches prevailing in the search for a vaccine to coronavirus provide ample support for this statement. A look at the academic literature on patents helps to understand the issue at stake.
Crucial COVID-19 Drug Patent Considerations For Universities
By Roya Ghafele Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our daily newsletters. Signing up for any of our section newsletters will opt you in to the daily Coronavirus briefing.
Global Patent Strategy over Vaccine Nationalism
Emerging Vaccine Nationalism ‘Vaccine nationalism’ could slow the search for a cure for Covid19. [1] The nationalism that prevails in the fight for a Covid19 vaccine is not only overshadowed by the geopolitical tensions between the United States and China, but also by individual nations seeking to find a cure on their own. In the UK the government bets on a collaboration between Oxford University and the British Pharmaceutical Company Astra Zeneca.
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