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Licensing Standard Essential Patents

FRAND and the Internet of Things

By: Igor Nikolic
Media of Licensing Standard Essential Patents
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Published: 04-11-2021
Format: Hardback
Edition: 1st
Extent: 368
ISBN: 9781509947553
Imprint: Hart Publishing
Dimensions: 234 x 156 mm
RRP: £120.00
Online price : £108.00
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About Licensing Standard Essential Patents

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 over two decades, connectivity standards have been the subject of litigation and controversy around the globe. Now, with the introduction of 5G and the emergence of the world of connected objects, or the IoT, the licensing framework for SEPs is becoming even more contentious. In order to bring clarity to the debate, this book analyses and explains key components of a fair, reasonable and non-discriminatory (FRAND) licence for SEPs; clarifies 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 also assesses how the experience from the smartphone and ICT industries can be applied in a new environment of the IoT, and considers what needs to be changed in the future SEP licensing landscape.

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

Table Of Contents

Foreword
Sir Robin Jacob (University College London, UK)

Acknowledgments

Introduction
A. Setting the Context
B. Structure

Part I The Standard-Development 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. The Nature of FRAND Commitment
3.1. The Principles and the Text of FRAND Commitment
3.2. The Enforceability of FRAND Commitment
3.3. Conclusion

4. FRAND Royalty
4.1. The Principles of FRAND Royalty
4.2. Calculating FRAND Royalties in Practice
4.3. Conclusion

5. The Non-Discrimination Requirement of FRAND Commitment
5.1. Positive and Negative Aspects of Price Discrimination in SEP Licensing
5.2. The Non-Discrimination Requirement in the Text of FRAND Commitment
5.3. No Requirement to Apply Uniform Terms to All Licensees
5.4. Interpretations of the Non-Discrimination Requirement of FRAND Commitment
5.5. The Application of the Non-Discrimination Requirement of FRAND Commitment
5.6. Confidentiality Agreements and Disclosure of Licences
5.7. Conclusion

6. FRAND Royalty Base
6.1. Introduction: The End-Product or Component?
6.2. The Appropriate FRAND Royalty Base
6.3. The Legal Requirement to Use a Particular Royalty Base
6.4. The Royalty Base in SEP Litigation
6.5. Conclusion

7. FRAND and Value Chain Licensing
7.1. The Value Chain Licensing Debate
7.2. Patent Law and Value Chain Licensing
7.3. FRAND Commitments and Value Chain Licensing
7.4. Competition Law and Value Chain Licensing
7.5. Policy Outlook for IoT
7.6. Conclusion

8. Remedies
8.1. Injunctions
8.2. Global or Territorial Scope of a FRAND Licence?
8.3. Anti-Suit Injunctions
8.4. Past Damages
8.5. Procedural Remedies to Facilitate Patent Licensing
8.6. Conclusion

Part III SEP Licensing in the IoT

9. SEP Licensing Models for the IoT
9.1. Challenges of FRAND Licensing in the IoT
9.2. Current Proposals for Improving the SEP Licensing Framework
9.3. Collective Licensing Models for IoT
9.4. Conclusion

Bibliography
Index

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