Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases

Chryssoula Pentheroudakis and Justus Baron ()
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Justus Baron: Northwestern University; Pritzker School of Law; Searle Center on Law, Regulation and Economic Growth

No JRC104068, JRC Research Reports from Joint Research Centre

Abstract: The prospect of licensing patents that are essential to standards on an industry-wide scale is a major incentive for companies to invest in standardization activities. Most standard development organizations (SDOs) have defined intellectual property rights (IPR) policies whereby SDO members must commit to licensing their standard-essential patents (SEPs) on Fair, Reasonable and Non-Discriminatory (FRAND) terms. This study aims to provide a consistent framework for both the interpretation of FRAND commitments and the definition of FRAND royalties. Our methodology is built on the analysis of landmark and significant decisions taken by courts and competition authorities in Europe and worldwide. The purpose of the comparative analysis is to provide a comprehensive overview of how FRAND licensing terms have been defined in the evolving case law, while testing the economic soundness of the concepts and methodologies applied by courts and antitrust authorities.

Keywords: patents; innovation; standardisation; standard essential patents; FRAND licensing (search for similar items in EconPapers)
Pages: 179 pages
Date: 2016-12
New Economics Papers: this item is included in nep-com, nep-ino and nep-ipr
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Persistent link: https://EconPapers.repec.org/RePEc:ipt:iptwpa:jrc104068

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