Epo global updating

Posted by / 08-Jun-2020 05:29

A FRAND commitment is also mutual in the sense that both the SEP holder and any prospective licensee are expected to negotiate in good faith towards a license on reasonable terms and conditions that reflect the economic value of the patented technology.Recommendation 3:1 The committee urges SSOs to become more explicit in their IPR policies regarding their understanding of and expectations about FRAND licensing commitments.Some participants are technology owners whose business models depend on sales of products or services, less so or not at all on royalties for SEPs, although they may want their patents to have sufficient value to offset the rights held by others in the same technology area.Other participants are technology sellers whose models are based on royalties from implementers for SEPs and even non-SEPs.Concerned that standard implementers could be at risk of hold-up by a new SEP owner, competition authorities have generally taken the position that SSOs should create contractual commitments that, subject to local law, bind successors to original FRAND obligations.Some SSOs have taken or are in the process of taking such steps but the legal issues are complex.Standards are ubiquitous in today’s markets and serve multiple purposes— to assure minimum levels of safety, health, and environmental protection, to provide information to consumers, and to reduce transaction costs between producers and users in the selection of inputs and products.

All of these standard-setting organizations have a diverse set of stakeholders and constituents.In general, SSOs encourage or require member firms to disclose SEPs and license them to standards implementers under terms commonly referred to as fair, reasonable, and non-discriminatory (FRAND).These policies vary in content and specificity, are in many cases in flux, and often lack guidance for increasingly common occurrences—litigation over SEPs and changes in SEP ownership.Summary Background Standards are technical specifications describing means of achieving certain beneficial features of products and services.To become “standards,” such specifications undergo some process of examination and approval, whether through regulatory systems, private industry bodies, or simple market acceptance by consumers, that recognizes they are sufficiently effective to merit wide adoption.

SSO IPR policies are shaped both by the interests of existing members and by the need to attract new participants who may be technology sellers, users, or both.

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