FRAND: The way forward in the licensing landscape

Posted on 29 August 2017. Source: World Intellectual Property Review

The way forward in the licensing landscape

Following the ground-breaking patent ruling in Unwired Planet v Huawei in the English High Court (discussed in our recent bulletin) and investigations into licensing practices, WIPR has analysed the implications for the current licensing landscape.

David Rose, partner at Mishcon de Reya, comments in the article on the Unwired Planet decision, describing it as the first of its kind, "certainly in Europe", with the High Court being involved in the detail of determining specific royalty rates for a licence between two private companies, and on a global basis. In response to the question of whether the decision will spark more litigation, Rose notes: "Once the music stops, you're going to have a pretty clear set of principles (although they will be complicated and detailed) as to how you should go about negotiating FRAND rates and the principles to apply." The article also looks at the regulatory interest in FRAND and Standard Essential Patents (SEPs), with Nina O'Sullivan, legal director and professional support lawyer, noting the Commission's ongoing interest, and its anticipated communication on SEPs.

To view the full article, please click here (subscription required).