Frand for All, or Just Some?

les Nouvelles - Journal of the Licensing Executives Society, Volume LVI No. 1, March 2021

4 Pages Posted: 4 Mar 2021

Date Written: January 25, 2021

Abstract

Following the Supreme Court’s affirmation of the decision in the Court of Appeal in Unwired Planet v. Huawei, it is clear that where the UK Courts are seized with an action of this type, they have the discretion and the power to determine the terms of a global license that they consider to be “fair, reasonable and non-discriminatory” (FRAND). Debate continues as to the likely longer-term effects of the Unwired Planet decision and the effect it will have on both Standard Essential Patent (SEP”) holders and those using technology covered by SEPs, particularly in relation to whether the balance of power has shifted in favor of SEP holders or users of such technology in light of this decision.

Keywords: FRAND, Unwired Planet, Huawei, UK courts, Standard essential Patent, SEP

Suggested Citation

Holt, Dave, Frand for All, or Just Some? (January 25, 2021). les Nouvelles - Journal of the Licensing Executives Society, Volume LVI No. 1, March 2021, Available at SSRN: https://ssrn.com/abstract=3773037

Dave Holt (Contact Author)

Potter Clarkson LLP ( email )

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
57
Abstract Views
179
Rank
539,612
PlumX Metrics