There is significant controversy regarding the meaning and legal significance of FRAND undertakings. These undertakings are formal commitments given by patent holders participating in standard development organizations (SDOs) to license their “Essential” patents for interoperability standards on terms that are fair, reasonable and non-discriminatory. For example, the patent policies of both European Telecommunications Standards Institute (ETSI) and American National Standards Institute (ANSI) have similar requirements in this regard. This paper does not attempt to analyze the differences in wording between ETSI and ANSI IPR policies or their legal implications. The premise of this paper is that the underlying business reasons for each of ETSI and ANSI requiring FRAND terms are similar. The assumption here, for sake of my argument, is that these policies are equivalent in this regard.

Seminar Information
Seminar Date:
October 11, 2011
“Frand” Undertakings In Standardization. A Business Perspective
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