4iP News

Webinar slides and recording now available! License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules

15 October 2020

Presented by Dr. Anne Layne-Farrar, Vice President in Competition Economics at Charles River Associates and an Adjunct Professor at the Northwestern University Pritzker School of Law and Richard J. Stark, Partner in the Litigation Department of Cravath, Swaine & Moore LLP

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Listen to the recording here

This webinar took place on 15 October 2020.

In the continuing debate over licensing standard essential patents (“SEPs”) on fair, reasonable, and non-discriminatory (“FRAND”) terms and conditions, one of the most heated topics is whether FRAND commitments should be interpreted to require licensing all comers or whether access to standards can be achieved through other, less rigid means. In this webinar the presenters evaluated both the legal and the economic arguments underlying this debate.

The presenters will drew from their paper "License to All or Access to All? A Law and Economics Assessment of Standard Development Organizations’ Licensing Rules" to be published in November in The George Washington Law Review. A summary of this paper can be downloaded from the 4iP Council website.

Key topics covered:

  • An overview of the principles of patent law and licensing
  • A review of standards development organisation policies on licensing
  • A legal analysis of the license to all argument
  • Consideration of important economic issues and less harmful alternatives
  • Q&A with the presenters