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Licensing Standard Essential Patents: FRAND and the Internet of Things


ISBN13: 9781509947553
Published: November 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £130.00



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What is the licensing framework of standard essential patents (SEPs) for connectivity standards such as 5G and Wi-Fi? How will the framework change with the Internet of Things (IoT)? This book provides comprehensive answers to these questions.

For decades the licensing of SEPs has been the subject of controversy and much uncertainty around the globe. In order to bring clarity to the debate, this book analyses the key components of a fair, reasonable and non-discriminatory (FRAND) licence; explains the economic, policy and market background of SEP disputes; examines the interrelated application of contract, patent and competition laws, and describes the approaches by courts and regulators in the EU, US and the UK. Importantly, the book assesses how lessons learned from the smartphone and ICT industries can be applied in the new environment of the IoT, and considers what needs to change in the future.

The book provides a holistic coverage of SEP licensing issues in an attempt to reduce litigation within this highly complex and technical area, and will be invaluable for practitioners, policy makers, SMEs and large technology companies in the IoT space, as well as academics interested in the field.

Subjects:
Intellectual Property Law
Contents:
Introduction
A. Setting the context
B. Structure
Part I: The Standard-Setting Environment
1. Standards, Standard Development Organisations and Standard Essential Patents
1.1. Standards
1.2. Standard Development Organisations
1.3. Standard Essential Patents
1.4. Conclusion
2. The Dynamics of SEP Licensing: Patent Holdup, Holdout and Royalty Stacking
2.1. Industry Convergences and Changing Market Dynamics
2.2. Patent Holdup and Royalty Stacking
2.3. Criticism of Patent Holdup and Royalty Stacking Theories
2.4. Patent Holdout
2.5. Conclusion
Part II: The Meaning and Content of FRAND Licence
3. FRAND Commitment
3.1. Introduction
3.2. The Principles and the Text of FRAND Commitment
3.3. The Enforceability of FRAND Commitment
3.4. Conclusion
4. FRAND Royalty
4.1. Introduction
4.2. FRAND Royalty: Principles
4.3. FRAND Royalty: Practical Calculation Methods
4.4. Conclusion
5. FRAND Royalty Base
5.1. Introduction: The End-Product or the Smallest Saleable Patent-Practicing Unit?
5.2. FRAND Royalty Base: Principles
5.3. FRAND Royalty Base: Legal Requirements
5.4. Conclusion
6. Non-Discrimination Part of FRAND Commitment
6.1. Introduction
6.2. Positive and Negative Aspects of Price Discrimination in SEP Licensing
6.3. The ND Requirement in the Text of FRAND Commitment
6.4. Interpretations of the ND Requirement
6.5. Conclusion
7. Where to License in the Supply Chain?
7.1. Introduction: Access to All vs License to All?
7.2. Value Chain Licensing: Policy
7.3. Legal Requirements
7.5. Open Issues with the Application of License to All Approach in Practice
7.4. Conclusion
8. Remedies
8.1. Introduction
8.2. Injunctions: Limitations for SEPs
8.3. FRAND Injunction
8.4. Anti-Suit Injunctions
8.5. FRAND: Global Portfolio or National Patent-By-Patent Licence?
8.6. Remedies to Facilitate Patent Licensing
8.7. Conclusion
Part III: SEP Licensing in the IoT
9. SEP Licensing in the IoT
9.1. Introduction
9.2. Challenges of SEP Licensing in the IoT
9.3. Current Proposals
9.4. Adjusting SEP Licensing for the IoT
9.5. Conclusion