Published: 1/13/15
This article contains a useful survey of FRAND decisions outside the United States as of mid-2013. The article notes: “With some exceptions, courts worldwide have been robustly enforcing FRAND and disclosure commitments in disputes regarding SEPs to ensure the integrity of the standard setting process and to protect against patent hold-up. These increasingly consistent outcomes will help shape for the better the competitive landscape in mobile communications and many other critical industries, to the benefit of competition and consumers.” The many benefits of global convergence include increasing predictability of SEP licensing dispute outcomes across jurisdictions, which promotes investment and innovation. The authors conclude: “With consistent and vigorous enforcement by courts and competition authorities worldwide of commitments made by SEP holders, … [i]nnovators can invest … with confidence that they will be able to market their products throughout the world, free from declared SEP holders extracting hold-up value from the fact the SEPs have been standardized (rather than charging for the intrinsic value of the technology).”