Frand Royalties: Rules v Standards?

43 Pages Posted: 28 Sep 2022 Last revised: 19 Oct 2023

See all articles by Nicolas Petit

Nicolas Petit

European University Institute - Department of Law (LAW)

Amandine Leonard

University of Edinburgh

Date Written: September 22, 2022

Abstract

Royalties for intellectual property (IP) are like taxes. Everyone agrees that some limits are necessary. However, no one agrees on the levels at which the limits should be set. One way to overcome disagreement consists in asking if a legal rule or standard should govern the limits of IP royalties. This paper discusses this issue in the context of Standard Essential Patents ("SEPs") governed by a commitment to license on Fair Reasonable and Non Discriminatory ("FRAND") terms. The paper find that FRAND rules generally surpass standards, but only under specific conditions.

Keywords: FRAND, patents, royalties, licensing, rules, standards, courts, SEP, SSO

JEL Classification: D21, D23, K11, K12, O31, O34

Suggested Citation

Petit, Nicolas and Leonard, Amandine, Frand Royalties: Rules v Standards? (September 22, 2022). Chicago-Kent Journal of Intellectual Property, Vol. 22, Iss. 1 (2023), Available at SSRN: https://ssrn.com/abstract=4226927

Nicolas Petit

European University Institute - Department of Law (LAW) ( email )

Via Bolognese 156 (Villa Salviati)
50-139 Firenze
Italy

Amandine Leonard (Contact Author)

University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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