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On the “non-discrimination” aspect of FRAND licensing:A response to the Indian Competition Commission's recent orders

By: Contributor(s): Material type: TextTextDescription: 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.
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Holdings
Item type Current library Call number Vol info Status Notes Date due Barcode Item holds
Journal Article Journal Article Main Library Vol 30, Issue 1/ 5559029JA1 (Browse shelf(Opens below)) Available 5559029JA1
Journals and Periodicals 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
Total holds: 0

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.

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