IP pledges, open IP or patent pools? Developing taxonomies in the thicket of terminologies

Abstract

Recently, a variety of organisations, including car and consumer electronics manufacturers, have applied so called IP Pledges. They facilitate access to Intellectual Property Rights (IPRs) for a large group of third parties through a reasonable price or, in some cases, even entirely free of charge. Despite growing research to better understand IP Pledges, its underlying terminology remains contradictory. With this paper we contribute to building an established ontology of IP Pledges through proposing a definition and a taxonomy to distinguish different types of IP Pledges. Applying an inductive research approach, we analyse 59 pledges through a secondary data analysis. Based on the analysis, we propose a threedimensional framework that can be used to distinguish eight types of IP Pledges. Extending this framework with examples from the literature we then propose an IP licensing taxonomy that can be used to distinguish IP licensing-strategies, including patent pools, cross-licenses, and trade secrets. Finally, we use this IP Licensing Framework to illustrate the paths IP owners take as they change their licensing strategies over time.