Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases

JRC Science for Policy Report, 2017; ISBN 978-92-79-64458-0

183 Pages Posted: 17 Jan 2017 Last revised: 17 Feb 2017

Date Written: January 12, 2017

Abstract

The prospect of licensing patents that are essential to standards on an industry-wide scale is a major incentive for companies to invest in standardization activities. Most standard development organizations (SDOs) have defined intellectual property rights (IPR) policies whereby SDO members must commit to licensing their standard-essential patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms. This study aims to provide a consistent framework for both the interpretation of FRAND commitments and the definition of FRAND royalties. Our methodology is built on the analysis of landmark and significant decisions taken by courts and competition authorities in Europe and worldwide. The purpose of the comparative analysis is to provide a comprehensive overview of how FRAND licensing terms have been defined in the evolving case law, while testing the economic soundness of the concepts and methodologies applied by courts and antitrust authorities.

Keywords: FRAND, SEP, standard essential patents, licensing, antitrust, intellectual property

Suggested Citation

Pentheroudakis, Chryssoula and Baron, Justus, Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases (January 12, 2017). JRC Science for Policy Report, 2017; ISBN 978-92-79-64458-0 , Available at SSRN: https://ssrn.com/abstract=2898394

Chryssoula Pentheroudakis (Contact Author)

IP consultant/Lawyer ( email )

Washington, DC
United States

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/

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
264
Abstract Views
777
rank
126,746
PlumX Metrics