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Summary of ‘Are collecting agencies a model that fits to SEP licensing?’ In the latest years, cellular standards have reached new sectors and markets due to the increasing number of ‘things’ being connected via the Internet (Internet of Things or IoT). Standard Essential Patents are typically accessible under FRAND (Fair, Reasonable and Non-Discriminatory) terms, which are determined in bilateral good faith licensing negotiations. However, new market players lacking experience in the cellular field may find FRAND negotiations challenging. Therefore, decision-makers are exploring a different way for the determination of FRAND terms. Specifically, a similar model to collective management, currently applied in the copyright field, has been suggested for the licensing of SEPs.
Full paper available at: Rui Li, Axel Contreras, Are collecting agencies a model that fits to SEP licensing?, Journal of Intellectual Property Law & Practice, 2021;, jpab101, https://doi.org/10.1093/jiplp/jpab101.