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SEP Litigations & Issues in Determining the FRAND License

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Title SEP Litigations & Issues in Determining the FRAND License
 
Creator Tandon, Victor Vaibhav
Siwal, Ashwini
 
Subject SEP
SSO
FRAND
Licenses
Injunction
 
Description 438-444
Lately, there have been several multi-jurisdiction litigations involving SEPs. In large part this is because of the
complexity of executing FRAND licenses for SEP portfolios. This work focuses on, and explains, some of the issues that
arise in the context of FRAND licensing- including, the problem of over-declaration by SEP holders, the possibility of
patent hold-out, difficulties associated in court determination of terms of a global FRAND license for SEP portfolios, lack of
awareness regarding the nuances of SEP/FRAND space, and the intrinsic informational imbalances that exist in any FRAND
negotiation. The issues discussed here are by no means exhaustive and many of them do not have easy answers.
 
Date 2023-09-25T11:12:06Z
2023-09-25T11:12:06Z
2023-09
 
Type Article
 
Identifier 0975-1076 (Online); 0971-7544 (Print)
http://nopr.niscpr.res.in/handle/123456789/62587
https://doi.org/10.56042/jipr.v28i5.4196
 
Language en
 
Publisher NIScPR-CSIR,India
 
Source JIPR Vol.28(5) [Sep 2023]