A Flexible Approach to RAND Licensing
9 Pages Posted: 2 Sep 2008
Date Written: March 31, 2008
This article discusses the meaning of reasonable and non-discriminatory (RAND) licensing terms in standards from European competition law perspective. Building on the Microsoft case, the article argues that the competition law assessment of RAND must take into account the licensing environment where the standard is used. The proposed flexible case-by-case approach to RAND would be also economically justified.
Keywords: licensing, patents, standards, competition, anti-trust
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