Wong-Ervin, Koren

October 30, 2018
Effraimidis, Georgios and Wong-Ervin, Koren

Recommendations Following the FTC’s October 2018 Hearings on IP and Innovation

On October 23-24, 2018, the U.S. Federal Trade Commission (FTC) held hearings on intellectual property (IP) and innovation as part of its broader ongoing hearings on Competition and Consumer Protection in the 21st Century. The hearings focused on the role of IP protection in promoting innovation...Read More

November 20, 2017
Gupta, Kirti and Wong-Ervin, Koren and Coniglio, Joe and Naegele, Dylan

IP LeadershIP Brussels: Highlights And Economic Analysis

In September 2017, IP LeadershIP held its first conference in Europe. The event, which was attended by policymakers, practitioners, and scholars, featured diverse views on topics such as: balancing the interests of contributors and implementers of technologies; possible adverse consequences on...Read More

November 2017
Ginsburg, Douglas and Wong-Ervin, Koren

The Department of Justice’s Long Awaited and Much Needed Course Correction on FRAND-Assured Standard-Essential Patents

On November 10, 2017, the Assistant Attorney General (AAG) for the Antitrust Division of the Department of Justice, Makan Delrahim, announced a crucial course-correction for policies involving standard-essential patents (SEPs) that a patent holder has voluntarily committed to license on fair,...Read More

September 14, 2017
Layne-Farrar, Anne and Wong-Ervin, Koren

Methodologies for calculating FRAND damages: an economic and comparative analysis of the case law from China, the European Union, India, and the United States


In the last several years, courts around the world, including in China, the European Union, India, and the United States, have ruled on appropriate methodologies for calculating either a reasonable royalty rate or reasonable royalty damages on standard-essential patents (SEPs)...Read More

August 2017
Wong-Ervin, Koren

Righting the Course: What the DOJ Should Do About the IEEE Business Review Letter

The U.S. Department of Justice’s Antitrust Division (DOJ) departed from its own position and offered recommendations for SDOs that were ultimately adopted in large part by the Institute of Electrical and Electronics Engineers (IEEE), there was evidence of a decline in the number of letters of...Read More

May 2017
Wong-Ervin, Koren

International Competition Policy Expert Group: Report and Recommendations

In March 2017, the U.S. Chamber of Commerce released a report and recommendations on International Competition Policy (Expert Report), written by a bipartisan group of highly regarded experts in competition and trade policy. On May 19, 2017, the United States House of Representatives Committee...Read More

May 2017
Wong-Ervin, Koren

An Update on the Most Recent Version of China’s Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights

In March 2017, the Anti-Monopoly Commission of the State Council of the People’s Republic of China issued its long-awaited draft of the Anti-Monopoly Guidelines on the Abuse of Intellectual Property Rights (Draft Guidelines). The State Council’s draft reportedly combines and draws from the four...Read More

May 2017
Wong-Ervin, Koren

Problems In Proposed Changes To Vietnam's Competition Law

The Vietnam Competition Authority (VCA) is currently working on proposed amendments to the Competition Law of the Socialist Republic of Vietnam, which illustrate the need for economically sound effects-based competition analysis. Among the troubling provisions in the current draft is Chapter IV...Read More

May 2017
Wong-Ervin, Koren

Protecting Intellectual Property Rights Abroad: Due Process, Public Interest Factors, and Extra-Jurisdictional Remedies

Several recent antitrust investigations involving the licensing of intellectual property rights (IPR) have raised concerns about fundamental due process and the alleged use of industrial policy in antitrust investigations to lower royalty rates, particularly for standard-essential patents (SEPs...Read More

May 2017
Wong-Ervin, Koren

Problematic Aspects of the Japan Fair Trade Commission’s Proposed Distribution Guidelines

In April 2017, the Japan Fair Trade Commission (JFTC) released its proposed revisions to its Guidelines Concerning Distribution Systems and Business Practices Under the Antimonopoly Act (Draft Guidelines). While the Draft Guidelines appropriately recognize that vertical restraints may have...Read More