FRAND Licensing in Theory and in Practice: Proposal for a Common Framework

Antitrust Chronicle, Volume 3, Number 1, Summer 2016

8 Pages Posted: 16 Sep 2016

Date Written: September 15, 2016

Abstract

This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative legal analysis while testing the economic soundness of the concepts and methodologies applied by courts and antitrust authorities in the specific cases. Bearing in mind the idiosyncrasies of SEP litigation in the respective national legal systems, the authors achieve a comprehensive overview of SEP licensing terms and carve out a common framework for the definition of FRAND based on the findings the authors have distilled from a case study analysis and literature review.

Keywords: FRAND, Licensing, Patents, Standards, SEP, Innovation, Case Law, European Commission

Suggested Citation

Baron, Justus and Pentheroudakis, Chryssoula and Thumm, Nikolaus, FRAND Licensing in Theory and in Practice: Proposal for a Common Framework (September 15, 2016). Antitrust Chronicle, Volume 3, Number 1, Summer 2016. Available at SSRN: https://ssrn.com/abstract=2839476

Justus Baron

Northwestern University - Searle Center for Law, Regulation and Economic Growth ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

HOME PAGE: http://justusbaron.org/

Chryssoula Pentheroudakis (Contact Author)

IP consultant/Lawyer ( email )

Washington, DC
United States

Nikolaus Thumm

European Commission Joint Research Center

1049
Spain

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