2 ms·
The standards bodies can encourage FRAND licensing, but there is no legal requirement backing it beyond the patent holder agreeing to it.
by stonogo 3y ago
The standards bodies can encourage FRAND licensing, but there is no legal requirement backing it beyond the patent holder agreeing to it.
- generic92034 3y agoThanks for the correction, I misremembered that, it seems. On the other hand, an SEP holder not licensing the patent with FRAND terms will have a hard time to establish any kind of standard, in some scenarios.
- stonogo 3y agoI agree with you, it would be counterproductive. The more common occurrance is that one of the patent-holding entities opts out of the FRAND agreement, holding all the implementors of the standard hostage. An example would be Forgent's acquisition of a patent they interpreted to be essential to JPEG. The patent was eventually invalidated in the courts, but it caused a lot of headaches for a few years in the early 2000s.