1 - Introduction

Summary

The introduction explains the concerns existing in relation to access to interoperability standards and standards-essential intellectual property. The thesis is then explained and an expert-led international instrument is proposed to address the concerns identified. The topical methodology is introduced and explained. Rather than proceeding in rigidly Cartesian fashion, the work instead outlines relevant topoi or topics, such as protection under intellectual property and competition law, as well as comparison of leading jurisdictions and law and economic analysis. The parallels between the topical jurisprudence and methodologies pursued in the law of equity, notably within the common law tradition as well as in international law are noted. A brief summary of each chapter is provided.