Post-Signing Adjustment of Sep/Frand Licenses

les Nouvelles - Journal of the Licensing Executives Society, Volume LIII No. 2, June 2018

10 Pages Posted: 18 Jun 2018

See all articles by Peter Georg Picht

Peter Georg Picht

University of Zurich - Faculty of Law

Date Written: April 17, 2018

Abstract

The question of whether, when and how SEP/FRAND licenses ought to be “adjusted” in case of a post-signing alteration in the set of licensed patents is of increasing practical relevance. Adjustment may be necessary to keep a license FRAND in the event of far reaching portfolio alterations and several legal instruments could potentially provide the basis for performing such adjustments, amongst them “adjustment clauses” which are integrated ex ante into the license contract or general principles of patent or competition law. On the other hand, the risk to generate continuous conflict between the parties cautions against making adjustment available too easily. This article maps the present legal framework regarding license adjustment on the EU as well as on certain parts of the Member State level. It highlights a selection of fundamental aspects that ought to be taken into consideration for the development of appropriate solutions. Against this background, potential tools for and elements of such solutions are evaluated.

Keywords: SEP/FRAND licenses; license adjustment on EU; post-signing alteration

Suggested Citation

Picht, Peter Georg, Post-Signing Adjustment of Sep/Frand Licenses (April 17, 2018). les Nouvelles - Journal of the Licensing Executives Society, Volume LIII No. 2, June 2018 . Available at SSRN: https://ssrn.com/abstract=3164310

Peter Georg Picht (Contact Author)

University of Zurich - Faculty of Law ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

Register to save articles to
your library

Register

Paper statistics

Downloads
55
Abstract Views
270
rank
375,074
PlumX Metrics