A draft expert manual is provided. The draft manual deals with: definitions; standard-setting practices; patents; copyrights; layout circuits; trade secrets; IP remedies (including injunctions and damages); and competition law.

This chapter introduces the concept of standards-essential intellectual property (SEIP), including standards-essential patents (SEPs), standards-essential copyrights, and other applicable forms of IP. The chapter includes detailed consideration of SEPs – including a survey of scholarship of well-documented issues such as patent holdup, royalty stacking, component patenting and patent thickets – not neglecting also the availability of collective rights organizations, e.g. patent pools. Consideration is also given to applicable limiting doctrines in patent law such as defences for experimental use, as well as fundamental principles such as the requirement to publish. Detailed consideration is given to patent remedies, notably injunction and damages; compulsory licencing is also discussed. Likewise, copyright laws are considered carefully. Likewise, copyright laws are considered carefully. There is discussion of the particular situation of copyrights in relation to software and the structure of databases. There is also consideration of layout circuit and trade secret laws, as well as compulsory licensing.

This chapter summarized the relevant concerns, the methodology applied and the salient conclusions, and recommends the development an international expert-led soft law instrument dealing with access to interoperability standards and SEIP.

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.