The Taiwanese ‘Philips’ CD-R cases: Abuses of a monopolistic position, cartel and compulsory patent licensing

Publication Type

Book Chapter

Version

acceptedVersion

Publication Date

12-2010

Abstract

A Compact Disc (CD) is an optical disc used to store digital data, originally developed for storing digital audio. The CD, available on the market since October 1982, was jointly developed by Philips (Dutch) and Sony (Japanese). The technology was later adapted and expanded following the standards set by Philips and Sony in a series of Red Book, Yellow Book and Orange Book to include data storage CD-ROM (Read Only Memory), write-once audio and data storage CD-R (Recordable), rewritable media CD-RW, Video Compact Discs (VCD), Super Video Compact Discs (SVCD), PhotoCD, PictureCD, CD-i, and Enhanced CD.The dye materials developed by Taiyo Yuden (Japanese) made it possible for CD-R discs to be compatible with Audio CD and CD-ROM discs.Philips, Sony and Taiyo Yuden have pooled their patents together and started to jointly license the pooled patents through a Joint Licensing Agreement (JLA), in 1992 with one royalty formula: 3% of the net sales price and not lower than ¥ 10.

Discipline

Asian Studies | Intellectual Property Law

Research Areas

Innovation, Technology and the Law

Publication

Landmark intellectual property cases and their legacy

Editor

Christopher Heath; Anselm Kamperman Sanders

First Page

83

Last Page

104

ISBN

9789041133434

Identifier

10.2139/ssrn.1831275

Publisher

Kluwer law international

City or Country

The Netherlands

Additional URL

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1831275

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