Standard Essential Patent Licensing Antitrust and Patent Law: Crossroad or Intersection?
les Nouvelles - Journal of the Licensing Executives Society, Volume LVI No. 1, March 2021
4 Pages Posted: 4 Mar 2021
Date Written: January 22, 2021
Abstract
Standard development organizations that develop technical standards like Wi-Fi, Bluetooth, and MP3 often require patent owners to indicate whether they will grant licenses to implementers on fair, reasonable, and non-discriminatory terms. In recent years, courts have issued conflicting decisions on the rights and responsibilities of patent owners and technology implementers in negotiating licenses under standard essential patents (SEPs) and what it means to grant a license that is fair, reasonable, and non-discriminatory ( i.e., a “FRAND” license). One underlying aspect of these conflicting court decisions is whether patent law and antitrust/competition law conflict with each other, or whether these laws are aligned and complement each other.
Keywords: Standard essential patent licensing, antitrust, patent law, standard essential patents, SEPs, FRAND
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