RAND commitments i.e., promises to license on reasonable and non-discriminatory terms play a key role in standard setting processes. However, the usefulness of those commitments has recently been questioned. The problem allegedly lies in the absence of a generally agreed test to determine...

The literature addressing the meaning of a commitment made by holders of patents ‘essential’ to a standard to licence such patents on ‘fair, reasonable, and nondiscriminatory’ (FRAND) terms and conditions is now substantial. While reaching quite different conclusions, a number of authors...

One of the most intractable competition issues for the European Commission (the “Commission”) over the last ten years has been to define the circumstances in which the licensing conduct or litigation strategy of a standard-essential patent (often referred to as “SEP”) holders amount to...

In today's technology-driven world, industry standardization, component interoperability, and product-compatibility have become critical to promoting innovation and competition. Standards are typically created by voluntary organizations (generally referred to as standard-setting organizations...

The appropriate level of licensing Standard Essential Patents (SEPs) in the case of a multi-tiered supply chain is among the most hotly debated issues in the SEP community and at the crux of an ongoing dispute between Nokia and Daimler. The debate centres on whether the SEP holder is (or should...