A Comparison of F/Rand Licensing Between US, EU and China : Towards a Private Ordering Solution?

The paper begins with a comparative analysis of the evolutionary legal path adopted by United States, People's Republic of China and European Union with reference to the F/Rand commitments on Standard Essential Patents. In the light of the wide differences which characterize the above-mentioned systems, the paper addresses in a critical way the capacity of the procedural justice solution designed by the euCj in the Huawei-case to implement an effective legal framework based on private self-regulation. In such a perspective, the role of courts and judges shall be limited only to ensuring the ordinary well functioning and the compliance with antitrust and the non-discriminatory principle by Standard Setting Organizations and holders of Seps