FRAND LICENSING TERMS.pdf - Fair Reasonable and...

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Author: Yann Ménière Editor: Nikolaus Thumm Research Analysis of a Controversial Concept Fair, Reasonable and Non-Discriminatory (FRAND) Licensing Terms 2015 Report EUR 27333 EN Please replace with an image illustrating your report and align it with the bottom edge of the cover. Make sure the blue JRC footer reaches the bottom of the page. Please remove this text box from your cover.
European Commission Joint Research Centre Institute for Prospective Technological Studies Contact information Address: Edificio Expo. c/ Inca Garcilaso, 3. E-41092 Seville (Spain) E-mail: [email protected] Tel.: +34 954488318 Fax: +34 954488300 Legal Notice This publication is a Science and Policy Report by the Joint Research Centre, the European Commission’s in -house science service. It aims to provide evidence-based scientific support to the European policy-making process. The scientific output expressed does not imply a policy position of the European Commission. Neither the European Commission nor any person acting on behalf of the Commission is responsible for the use which might be made of this publication. All images © European Union 2015 JRC96258 EUR 27333 EN ISBN 978-92-79-49280-8 (PDF) ISSN 1831-9424 (online) doi:10.2791/348818 Luxembourg: Publications Office of the European Union, 2015 © European Union, 2015 Reproduction is authorised provided the source is acknowledged. Abstract The complexity of standards in Information and Communication Technology (ICT) creates a tension between the need to reward the owners of Standard Essential Patents (SEPs) that may cover standard specifications and the need to make standards available to all for public use. In the last few years, this tension has crystallized into a difficult debate on licensing principles that must be Fair, Reasonable and Non-Discriminatory (FRAND or FRAND licensing). The purpose of this report is to provide a balanced account of the current controversy relating to the FRAND licensing of standard essential patents and to explore future research topics in this area. It draws on the arguments that arose at an expert workshop held under Chatham House rules at the Institute for Prospective Technological Studies (IPTS) and on an extensive review of the related literature.
1 Preface This report was prepared in the context of the three-year research project on European Innovation Policies for the Digital Shift (EURIPIDIS) jointly launched in 2013 by JRC-IPTS and DG CONNECT of the European Commission. This project aims to improve understanding of innovation in the ICT sector and of ICT-enabled innovation in the rest of the economy. [1] The purpose of the EURIPIDIS project is to provide evidence-based support to the policies, instruments and measurement needs of DG CONNECT for enhancing ICT Innovation in Europe, in the context of the Digital Single Market policy agenda and of the ICT priority of Horizon 2020. It focuses on the improvement of the transfer of best research ideas to the market.

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