Fair, reasonable and non-discriminatory (FRAND)

Apps, Designation Decision, Digital, Digital competition, Digital economy, Digital markets, Digital Markets Act, Enforcement, Equal treatment, European Commission, Fair, reasonable and non-discriminatory (FRAND), Google, Self-preferencing

(University Carlos III of Madrid, Spain)/ /Leave a comment

The Digital Markets Act (DMA) became entirely applicable on 7 March 2024. By then, the gatekeepers issued their compliance reports documenting their technical solutions and implementation of the DMA’s provisions under Article 11 DMA as well as their reports on consumer profiling techniques as required under Article 15 DMA (see here). I will be covering…

Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Regulation, Standard essential patent (SEP)

(Robert Schuman Centre, EUI)/ /2 Comments

On 27 April, about a month after an unofficial leaked version, the European Commission published the highly-contentious Standard Essential Patents (SEPs) Regulation Proposal. The Proposal aims to facilitate SEP licensing by increasing transparency over SEPs, reducing information asymmetries between SEP licensors and implementers and facilitating the agreement on Fair, Reasonable and Non-Discriminatory (‘FRAND’) licenses. Such…

App stores, Apple, Digital Markets Act, European Commission, Fair, reasonable and non-discriminatory (FRAND)

(University Carlos III of Madrid, Spain)/ /Leave a comment

The DMA will start to apply in March 2024. The European Commission (EC) has acquired the compromise to make the process of the DMA’s future implementation, monitoring and oversight of compliance as transparent as possible. After the first two stakeholders’ workshops on the ban on self-preferencing and interoperability relating to messaging services, on the 6th of…

Connected cars, European Union, Fair, reasonable and non-discriminatory (FRAND)

, , , , , , , (Jones Day)/ /Leave a comment

Standards and Standard-Setting Organizations Smart cars rely on interconnectivity and interoperability: in order to achieve autonomous driving, driverless vehicles will have to understand and engage with their environment so they can react and adapt accordingly. Connected cars will become one of the applications of the internet of things as vehicles will be constantly exchanging information…

China, Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Standard essential patent (SEP)

(Hogan Lovells, China)/ /Leave a comment

On 4 January 2018, the Shenzhen Intermediate People’s Court (Court) rendered a landmark judgment in the Huawei v. Samsung standard essential patent (SEP) case that is expected to reshape dynamics between SEP licensors and licensees. On 21 March 2018, the Court released the non-confidential version of its judgment to the public. The Court ruled in…

European Union, Fair, reasonable and non-discriminatory (FRAND), Intellectual property (IP), Standard essential patent (SEP)

(Sidley Austin LLP)/ /Leave a comment

Standard essential patents (SEPs) and fair, reasonable and non-discriminatory (FRAND) licensing terms remain hotly debated topics within antitrust circles as regulators around the world stake out their positions. In November 2017, the European Commission (the Commission) published its Communication on the EU approach to Standard Essential Patents (SEPs) (the Communication).[1]  It sets out a general,…