Work

FRAND Royalties and Injunctions for Standard Essential Patents

Year: 2016

Type: article

Abstract: I develop a stylized model of court procedures that resolve disputes concerning FRAND-encumbered standard essential patents (SEPs). I analyze the effects of injunctions and potential court-imposed FRAND rates on negotiated royalty rates. The SEP-holders’ ability to hold-up is constrained by the prospect of the court-imposed license terms in case of disputes, but is not completely eliminated. Possible mechanisms to address the residual hold-up power of the SEP-holders are discussed.

Source: Global Economic Review

DOI: 10.1080/1226508x.2016.1211809

Author: Jay Pil Choi

Institutions: Ifo Institute for Economic Research, Yonsei University, Michigan State University

Language: English

Topic: Intellectual Property and Patents

Subfield: Management of Technology and Innovation

Field: Business, Management and Accounting

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: green

OpenAlex ID: W90981985

FWCI: 1.944

Cites: 25

Cited by: 8

Related to: 10