FRAND Licensing In Theory And In Practice: Proposal For A Common Framework

By Justus A. Baron, Chryssoula Pentheroudakis & Nikolaus Thumm –

This article addresses how FRAND licensing terms have been determined in theory and practice in multiple jurisdictions worldwide. In the study referred in this article, the authors review the evolving case law on FRAND from both a legal and economic perspective, and perform a comparative legal analysis while testing the economic soundness of the concepts and methodologies applied by courts and antitrust authorities in the specific cases. Bearing in mind the idiosyncrasies of SEP litigation in the respective national legal systems, the authors achieve a comprehensive overview of SEP licensing terms and carve out a common framework for the definition of FRAND based on the findings the authors have distilled from a case study analysis and literature review.