Full Description
Technical standards like USB, Wi-Fi, and Bluetooth are ubiquitous in the modern networked economy. They allow products made and sold by different vendors to interoperate with little to no consumer effort and enable new market entrants to innovate on top of established technology platforms. This groundbreaking volume, edited by Jorge L. Contreras, assesses and analyzes legal aspects of technical standards and standardization beyond those covered in its companion volume (patents, competition, and antitrust). Bringing together leading international experts, advocates, and policymakers, it focuses on key areas of technical standardization law including administrative, trade, copyright, trademark, and certification law. This comprehensive, detailed examination sheds new light on the standards that shape the global technology marketplace and will serve as an indispensable tool for scholars, practitioners, judges, and policymakers everywhere.
Contents
Introduction Jorge L. Contreras; Part I. Standardization and the State: 1. International trade law and technical standardization Panagiotis Delimatsis; 2. Government use of standards in the US and abroad Emily S. Bremer; Part II. Standardization, Health, Safety and Liability: 3. Technical standards in health and safety regulation: risk regimes, the new administrative law, and food safety governance Timothy D. Lytton; 4. Tort liability for standards development in the United States and European Union Paul Verbruggen; Part III. Copyright and Standards: 5. Questioning copyright in standards Pamela Samuelson and Kathryn Hashimoto; 6. Integrating technical standards into federal regulations: incorporation by reference Daniel J. Sheffner; 7. Public law, European constitutionalism and copyright in standards Björn Lundqvist; 8. Termination of copyright transfers and technical standards Jorge L. Contreras and Andrew T. Hernacki; Part IV. Standards and Software: 9. Open standards Jay P. Kesan; 10. Standardization, open source and innovation: sketching the effect of IPR policies Martin Husovec; 11. OSS and SDO: symbiotic functions in the innovation equation David J. Kappos; Part V. Trademarks, Certification and Standards: 12. Trademarks, certification marks and technical standards Jorge L. Contreras; 13. The unregulated certification mark(et) Jeanne C. Fromer; 14. The certification paradox Jonathan M. Barnett.
