IPR Policy As Strategy – The Battle To Define the Meaning of Frand

Heiden, B. (2020). IPR Policy as Strategy: The Battle to Define the Meaning of FRAND. Antitrust Chronicle, March vol., Competition Policy International.

14 Pages Posted: 5 Jan 2021

See all articles by Bowman Heiden

Bowman Heiden

Center for Intellectual Property - Chalmers University of Technology, University of Gothenburg, and Norwegian University of Science and Technology; University of California, Berkeley - Coleman Fung Institute for Engineering Leadership

Date Written: October 31, 2020

Abstract

The current contentions over SEP licensing in mobile telecommunications is primarily a result of the success of standardization to build a multi-trillion-dollar market. This success has generated a large economic surplus, whose distribution among different actors in the value chain is the focus of these contentions. This article illustrates the battle among market actors to define the meaning of FRAND through policy interventions that seek to change the rules of the game in alignment with their strategic interests. This article takes a first step towards building an operative model to describe the political processes behind the construction of the meaning of FRAND by defining the self-assertive interests, key normative concepts and claims, and legitimizing arenas where the concept of FRAND is actively socially constructed.

Keywords: Standard, Essential, Patents, IPR, Policy, Strategy, FRAND, SEP

JEL Classification: L15, L24, O31, O34, P16

Suggested Citation

Heiden, Bowman, IPR Policy As Strategy – The Battle To Define the Meaning of Frand (October 31, 2020). Heiden, B. (2020). IPR Policy as Strategy: The Battle to Define the Meaning of FRAND. Antitrust Chronicle, March vol., Competition Policy International., Available at SSRN: https://ssrn.com/abstract=3722424 or http://dx.doi.org/10.2139/ssrn.3722424

Bowman Heiden (Contact Author)

Center for Intellectual Property - Chalmers University of Technology, University of Gothenburg, and Norwegian University of Science and Technology ( email )

Vasagatan 1
Gothenburg, 40530
Sweden

HOME PAGE: http://www.cip.gu.se

University of California, Berkeley - Coleman Fung Institute for Engineering Leadership ( email )

130 Blum Hall #5580
Berkeley, CA 94720-5580
United States

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