Telecommunication
It is any emission, transmission and reception of signs, signals, writings and images, sounds and information of any nature, by wire, radioelectricity, optical media or other electromagnetic systems. The telecommunications sector encompasses traditional local and long distance telephony, advanced technological services such as wireless communications, the Internet, fiber optics, digital television and satellites. The main objective of companies in this sector is to patent their inventions, in order to protect them during the first years of commercialization, many of the latest patented technologies, both in services and products, become obsolete in a while. very short. The purpose for which the patents were created, considered as an important inventive for research and development,like other intellectual property rights and conceived as a necessary element for the progress of science and technology; For transnational corporations, they constitute a first-rate instrument to control a globalized economy, using patents in such a way that they differ drastically from the original concept and the purpose of protecting inventions and facilitating their distribution. Transnational corporations make use of functional strategies in the field of patents, seeking an advantageous position in the market. This is exemplified in the field of Telecommunications as it is one of the most dynamic sectors in industrial societies. When granting a patent, the State grants exploitation privileges of a new invention to its inventor for a certain time and in return,the inventor has the obligation to disclose his invention and make it available to society. Patents being understood as a contract between the company and the inventor, which would have to be balanced for the benefit of both. The trend in the evolution of the patent system has resulted in strengthening the privileges granted to patent holders, to the detriment of the interests of society. In fact, 85% of patents registered worldwide belong to multinational companies, which use this protection to strengthen their monopolies and increase their profits.The trend in the evolution of the patent system has resulted in strengthening the privileges granted to patent holders, to the detriment of the interests of society. In fact, 85% of patents registered worldwide belong to multinational companies, which use this protection to strengthen their monopolies and increase their profits.The trend in the evolution of the patent system has resulted in strengthening the privileges granted to patent holders, to the detriment of the interests of society. In fact, 85% of patents registered worldwide belong to multinational companies, which use this protection to strengthen their monopolies and increase their profits.
Functional strategies in the field of patents
The functional strategies that companies use in the field of patents, in search of an advantageous position in the market, are:
Insufficiency of the description of the patent application
The obligation to disclose the invention in a clear and sufficient way is completely obviated, thus making it impossible for developing countries to make use of the information contained in patent documents for research purposes, completely denying them access to knowledge.. Nor is at least one embodiment of the invention described, and in most cases the resource-poor developing countries are in need of starting the investigative processes of a certain product from scratch. As a consequence, in most cases many of the developing countries end up buying the technology from the transnational companies that own the patent right, because they do not have the technological capacity,nor sufficient technical preparation to carry out the invention. Developing countries are penetrated by patent applications for inventions made in an inconclusive manner regarding the patentable subject “confused subject”, which makes it difficult to analyze it exhaustively in patent examinations; bringing with it the publication by our countries of weak patents that harm the economy itself and technological development in the sector.bringing with it the publication by our countries of weak patents that harm the economy itself and technological development in the sector.bringing with it the publication by our countries of weak patents that harm the economy itself and technological development in the sector.
Application for "sleeping patents" or "bureau patents"
They are obtained to stop the diffusion of new technologies from competitors. After studying the patent portfolio of the competitors, the companies determine the niches in which a patent can be applied for; it is generally found as a result that the company is not currently interested in exploiting the patent directly, to satisfy the market or simply because they consider that it is not the right time to launch the protected product.
Application for spurious patents or change patents
These patents are thought of as a basis for alliances, as they seek to increase the negotiating position of the owner, sometimes seeking to obtain cross licenses. This is the specific case in the telecommunications sector, in the electronics branch the patents that try to protect a certain electronic device that sometimes claim already existing electronic components and devices and are in the public domain; however, transnational companies can afford to take advantage of the fact that such patents can be used to discourage competition through strategic litigation, that is, alleging infringement and requesting precautionary measures that prevent commercialization until a final decision is issued..
Extension of the term of validity of patents
With the justification of compensating administrative delays in the examination process in patent offices, transnational companies have influenced advocacy for the extension of the term of patents beyond the 20 years established by the TRIPS Agreement. These are one of many of the strategies used by transnational companies to maintain their economic power and their greatest competitive advantages in the market. The main objective of companies in this sector is to patent their inventions, in order to protect them during the first years of commercialization, many of the latest patented technologies, both in services and products, become obsolete in a while. very short.
Strategies for the commercialization of products in the telecommunications sector
Companies that have a significant portfolio of patents employ various strategies for the commercialization of their products and the strategies listed below are typical of the sector:
Patent Portfolios
It is a set of patents that belong to a single entity and that may or may not be related to each other. Being made up of patents of high interest to other companies that will imply obtaining economic benefits to their owner from the granting of licenses.
Litigation
They have become a business tool to sue other companies and get money through it. They are not related to patent disputes but to pricing.
Patent license
In the telecommunications industry, certain components or devices are essential for the connectivity of certain electrical circuits, therefore, the patent license of these components is essential to avoid stopping the technological development of companies that need it. On the other hand, the telecommunications industry is closely related to standards that are documented agreements that contain technical specifications or other precise criteria to be used consistently as rules, guides, or definitions that regulate goods and services in order for devices from different manufacturers are compatible and good communication can be established between them. Example:The agreement by Telefónica with Ericsson and Indra on the charging and billing system for mobile telephone services
Patent Pool
A Patent Pool is an agreement between patent-holding companies to exchange licenses for a specific technology. Holders normally exchange licenses with each other while simultaneously offering global licenses to third parties. Example: in complex equipment such as Smartphone or Smartphone, which can be used not only as a telephone, but also as a device to send and receive emails, a minicomputer, a camera, a music player or a television, among others.
Patent Troll
A company that has underwater patents and only brings it to light when it sees a technology on the market that may be close to its patent. On other occasions, the Patent Troll corresponds to companies that are dedicated to buying patents from bankrupt companies, and use them to initiate litigation when they consider that they infringe their rights.
Design Patents
In the Telecommunications sector, many of the devices that come onto the market have specific and innovative physical characteristics that also need to be protected. For example, Apple has obtained patents that protect the design of its computer (MacBook Air) and the Iphone mobile phone device.
Advantages granted by patents in the telecommunications sector
Maintaining its market power in the network of access to the end user, examining its utilities abusing the enjoyment of its exclusive right over the certain protected technology and examining its utilities; introducing barriers to the entry of new competitors; thanks to its great commercial advantages. Aggressively defending their patents for transnational corporations can bring them considerable advantages and they spend large amounts of money identifying the economically relevant patents in their patent portfolio, as well as cluster and media analysis, where clustering around core technology has been protected; in the case of this telecommunications sector, the simple fact of having protection over a certain component or electronic device,It would stop the technological development of the companies that is essential for the connectivity of a certain electrical circuit, not only cause damage to the holders of this new innovative technology, but to humanity that would be left without their enjoyment. Also the complexity of the patent system has created a situation that encourages the strategic uses of patents to prevail over the idea of protection and distribution of knowledge, both defensively and offensively, tending more to hinder competitors than to protect your own inventions. When it comes to patents, high-tech companies in the telecommunications sector are of necessity interdependent, which differentiates them in a general sense from other sectors such as, for example;While pharmaceutical companies can achieve monopoly positions and control a set of products with a single patent, in the telecommunications sector, companies that manufacture electronic components and devices, have to license each other, or else industry would stop dead in its tracks. That is why for many companies that represent this highly competitive technological sector and specifically the production of electronic components and devices, having any strategies that favor the patenting of their inventions is very valuable since it represents certain leadership and positioning in the market due to the short life cycle of the products and their rapid obsolescence; which has put the telecommunications sector in one of the ones it owns,in the last decade, the highest percentage of patent applications worldwide.
recommendations
- The national patent offices should work on the basis of creating a documentary fund of those technological information sources that it groups together, specialized patent databases, industrial property bulletins, magazines or other publications; to facilitate the good work of the examiner in terms of strict compliance with the patentability requirements. Take full advantage of the flexibilities of the TRIPS Agreement in the implementation of national regulations and design intellectual property policies appropriate to the levels and needs of development of the countries.Design plans for the exchange of experiences between the national offices of developing countries, as to how to act in the presence of international applications.To recommend to the developing countries that, when participating in the negotiations of the International Treaties that are developed within the framework of WIPO, that they maintain fair and equitable positions according to the interests of our societies.
Bibliography
- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) Marrakech, Morocco, April 15, 1994.Bercovitz Rodríguez Alberto. United Nations Conference on Trade and Development. "Historical Evolution of the Protection of Technology in Developed Countries and its Relationship with Protection in Developing Countries", December 26, 1990. Paris Convention for the Protection of Industrial Property. Paris, France, 1883.
