Non-Discrimination and FRAND Commitments
The Cambridge Handbook of Technical Standardization Law, Volume 1: Competition, Antitrust and Patents (Jorge Contreras, ed., Cambridge University Press, 2018)
23 Pages Posted: 16 Mar 2018 Last revised: 27 Aug 2020
Date Written: November 12, 2017
A pledge to license standard essential patents (SEPs) on a non- discriminatory basis is a common element of SDO IPR Policies, part of the larger commitment to license on Fair, Reasonable, and Non- Discriminatory (FRAND) terms. In this chapter we consider what non- discrimination pledges imply for SDO member conduct. We review the basic variants of such pledges, how they may be informed by broader legal and economic defi nitions of discrimination, and recent cases and agency guidance interpreting such commitments. We conclude with open questions regarding the legal implications of non- discriminatory licensing pledges.
Keywords: FRAND, SEP, discrimination, standards
JEL Classification: D21, D23, D45, D82, D86, K11, K12, K21, L24, L43, O32, O34
Suggested Citation: Suggested Citation