Overview of SEPs, FRAND Licensing and Patent Pools

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March 29, 2023
Overview of SEPs, FRAND Licensing and Patent Pools

Sisvel is proud to support the track on SEPs of the LESI Thought Leadership Program, a professional learning series organized by LES International.

LESI Thought Leadership Program wants to be a “deep dive” on three topical areas such as:

  • Standard Essential Patents (SEPs)

  • Automotive

  • Alternative Dispute Resolution (ADR). 

Organized and facilitated by licensing industry experts, the Program want to lead and inform on intellectual property policy and the tactical use of IP assets.

Out of the webinar “An Overview of Standard Essential Patents” held on October 25, 2022, with the participation of:

  • Gustav Brismark (moderator), Owner, Kazehara AB, previously Chief Intellectual Property Officer at Ericsson.

  • Mattia Fogliacco, President, Sisvel International

  • Carter Eltzroth, Legal Director, DVB Project, and Managing Director, Helikon.net.

  • Matteo Sabattini, Director IP Policy, Ericsson, and LES USA & Canada SVP for Standards.

  • Richard Vary, Partner Bird & Bird, previously Vice President and Head of litigation at Nokia.

the following article published on the March ed. of LES Nouvelles was co-authored by all the speakers.

The main take-away points discussed in the article are:

  • A Standard Essential Patent, when subject to a FRAND commitment, does not create a dominant position

  • The IPR Policy of the SDO (together with the SEP holder’s declaration) establishes the FRAND obligation

  • Licensing of Standard Essential Patents can be subjected to drawn-out negotiation, gamesmanship, and litigation

  • Licensing of SEPs through a Patent Pool offers significant procompetitive efficiencies

  • SDOs recognise the value of Pools covering their Standards: the experience of DVB

  • Over time, Courts have clarified the scope of good faith negotiations; the nature of FRAND royalty promise; the availability of enforcement

  • This framework applies even at a time of growing complexity through convergence of new industries

The full video of the webinar is available at the following link.

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