FRAND / SEP

The setting of technology standards holds great potential for economy and society in an increasingly connected world. At the same time, however, it generates hazards to competition and innovation dynamics. If, in particular, components of a standard are protected by intellectual property rights, a conflict can arise between the granting of pro-competitive access and the exclusive intellectual property right.

In order to balance the interests involved, patent owners regularly commit to license standard-essential patents on reasonable and non-discriminatory (FRAND) terms. In the subsequent enforcement and licensing of standard-essential patents (SEPs), however, legal and economic issues arise that preoccupy academia and practice around the globe. In the course of the digital transformation of all areas of life and society, these issues are likely to gain additional relevance. CIPCO, therefore, puts a focus of its work on SEP/FRAND matters, not only regarding the FRAND licensing of patents but also of other intangible property, such as data or know-how.