On the “non-discrimination” aspect of FRAND licensing:A response to the Indian Competition Commission's recent orders
Material type: TextDescription: 10-26 pSubject(s): In: RAVI aNSHUMAN V. IIMB Management ReviewSummary: The Indian Competition Commission has recently challenged Ericsson's practice of licensing its standards-essential patents (SEPs), relating to cellular standards, for percentage-based royalties based on the selling prices of the end-user licensed products. Ericsson had committed to the relevant standards-development organisation that it would license its SEPs on “fair, reasonable and non-discriminatory” (“FRAND”) terms. The Commission contends that such royalties are “prima facie discriminatory” in violation of the Competition Act, in the (novel) sense that different products selling for different prices pay different per-unit royalties. We analyse the broader implications of the Commission's reasoning, concerned that if adopted, the Commission's reasoning would disrupt common industry licensing practices.Item type | Current library | Call number | Vol info | Status | Notes | Date due | Barcode | Item holds | |
---|---|---|---|---|---|---|---|---|---|
Journal Article | Main Library | Vol 30, Issue 1/ 5559029JA1 (Browse shelf(Opens below)) | Available | 5559029JA1 | |||||
Journals and Periodicals | Main Library On Display | JRNL/GEN/Vol 30, Issue 1/5559029 (Browse shelf(Opens below)) | Vol 30, Issue 1 (30/07/2017) | Not for loan | March, 2018 | 5559029 |
The Indian Competition Commission has recently challenged Ericsson's practice of licensing its standards-essential patents (SEPs), relating to cellular standards, for percentage-based royalties based on the selling prices of the end-user licensed products. Ericsson had committed to the relevant standards-development organisation that it would license its SEPs on “fair, reasonable and non-discriminatory” (“FRAND”) terms. The Commission contends that such royalties are “prima facie discriminatory” in violation of the Competition Act, in the (novel) sense that different products selling for different prices pay different per-unit royalties. We analyse the broader implications of the Commission's reasoning, concerned that if adopted, the Commission's reasoning would disrupt common industry licensing practices.
There are no comments on this title.