Some basic concepts in IP
FRAND stands for fair, reasonable, and non-discriminatory. It’s a licensing framework used for standard-essential patents (SEPs). These are a voluntary agreement between a patent owner and a standards development organization (SDO).
Why is FRAND important?
- Helps to preserve competition and ensure fair licensing.
- Enables lower consumer prices by allowing for scalable manufacturing.
- Encourages innovation by compensating companies through patent royalties.
How does FRAND work?
- The SDO’s bylaws define the exact scope of the FRAND commitment.
- The SDO often requests these terms from the owner of an intellectual property right.
- Such terms are often used with technical standards developed through an open, consensus-based process.
How is FRAND used?
These can help in-house counsel and private practice attorneys negotiate SEP licenses and resolve FRAND disputes.
In telecommunications, computers, software, Internet, and consumer electronics.
Related Information
Thomson Reuters Practical Law: FRAND Framework
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