FRAND

Hardback

FRAND

German Case Law and Global Perspectives

9781800881709 Edward Elgar Publishing
Edited by Peter Georg Picht, Professor, Chair for Business, Competition, and Intellectual Property Law, University of Zurich, Switzerland, Thomas F. Cotter, Taft Stettinius & Hollister Professor of Law, University of Minnesota Law School, US and Erik Habich, MLaw, PhD Candidate, University of Zurich, Swiss National Science Foundation, Switzerland
Publication Date: August 2024 ISBN: 978 1 80088 170 9 Extent: c 592 pp
This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages.

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This book provides a systematic overview of recent German case law on the fair, reasonable, and non-discriminatory (FRAND) licensing of standard-essential patents (SEP). Principal SEP/FRAND concepts are demonstrated and analysed, such as willingness to license, the FRAND offer, reaction duties and the counteroffer, FRAND-compliance of royalties, portfolio transfers, confidentiality disputes and damages. Global forward-looking topics are also considered in relation to German developments, including alternative dispute resolution and anti-suit/anti-anti-suit injunctions.

Key Features:
● Provides clear and detailed analysis on the latest developments in German FRAND/SEP case law, giving readers access to case law which has not previously been available in English.
● Contextualises German SEP/FRAND case law from an international perspective
● Examines the competing approaches to SEP/FRAND issues in prominent jurisdictions
● Presents insightful commentary on how thought leaders and decision-makers perceive the future of SEP/FRAND licensing

This book is essential for legal practitioners in competition law and patent law, particularly judges seeking a readily accessible source of information on this evolving body of law. It is also beneficial to scholars of competition and antitrust law and intellectual property law.
Critical Acclaim
‘This book will be a valuable addition to the literature on the licensing and litigation of standards-essential patents on both sides of the Atlantic. Its detailed attention to German FRAND jurisprudence fills a major gap for North American practitioners and scholars, and its comparative approach will likewise help European advocates, judges and scholars to appreciate the different approaches taken to these issues in the United States. This volume is an essential resource for those interested in the evolving international FRAND litigation landscape.’
– Jorge L. Contreras, University of Utah, US
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