EU Introduces New FRAND Framework for SEP Licensing
The European Commission introduced a 2023 FRAND framework for a determination procedure intending to “simplify and speed up negotiations concerning FRAND terms and reduce costs,” according to Reuters. This procedure is to be administered by the EUIPO, which currently focuses solely on trademarks and design rights as through a newly created “competence centre”. The new […]
The European Patent Office Concerns on Proposed SEP Reform
The European Patent Office (EPO) recently voiced concerns on proposed SEP reform in a letter to the European Parliament. In particular, the EPO points to the lack of patent and technical competence at the European Union Intellectual Property Office (EUIPO). The EUIPO is the authority designated to manage the new standard essential patents (SEPs) policy. […]
EU’s Proposed Framework for Standard Essential Patents
Standard essential patents (SEPs) protect technology that is deemed essential for the implementation of a technical standard adopted by a standard developing organization which may relate to connectivity (e.g., 5G, Wi-Fi, Bluetooth) or audio/video compression and decompression standards. In order for a product to be standard-compliant, the implementer must use the relevant ‘essential’ patents. The […]
EC’s New Proposal for Standard Essential Patent Licensing
The European Commission (EC) proposed a new regulation for standard essential patent licensing on April 27, 2023. According to the commission, the new regulation is necessary to make available detailed information on standard essential patents (SEPs) and existing fair, reasonable, and non-discriminatory (FRAND) terms and conditions―to facilitate licensing negotiations, raise awareness of SEP licensing in […]
Comparative Analysis of US and EU Approach to SEP Royalties
It is important to understand how the United States and European Union approach SEP royalties. Increasingly, courts are being asked to resolve disputes concerning the appropriate and equitable royalty rates, designated as fair, reasonable, and nondiscriminatory (FRAND), that owners of patents essential to industry standards, known as standard essential patents (SEPs), can levy on manufacturers […]
The EU’s Proposal for Standard Essential Patent Regulation
The European Commission has put forth a proposal to regulate standard essential patents (SEPs) within the single market economy of the European Union (EU). SEPs are patents that are deemed essential for the implementation of a particular industry standard. The EU proposal aims to address concerns related to the potential abuse of SEPs by patent […]
Strategies to Combat Patent Trolls and Protect Innovation
The Fatty Fish Editorial Team takes a look at strategies to combat patent trolls, with insights on how to tackle the issues within the US Patent System, to protect innovation and reduce the negative impact of patent troll-related litigation.
What Is Fair, Reasonable, and Nondiscriminatory? It Depends
The Fatty Fish Editorial Team takes a look at what is fair, reasonable, and nondiscriminatory (FRAND), and shares a piece from IAM Media which opines that “FRAND is in the eye of the beholder” and how that can play out in the telecom industry.
A Primer on Intellectual Property Technology
This primer on Intellectual Property (IP) terminology will help introduce readers to essential terms and concepts that will come up often in IP discussions.
