An explanation of the 'Fair Reasonable And Non-Discriminatory' (FRAND) patent license conditions by the Court and in the Samsung investigation by the European Commission.
In this article first published by NTER in December 2012, authors Pauline Kuipers and Janneke Kohlen from Bird and Bird The Hague, look at the patent license procedures between Apple and Samsung in the Netherlands from a competition law perspective. In this article they focus on the FRAND aspects of the matter. The term FRAND stands for ‘Fair Reasonable And Non-Discriminatory’ and reflects the license conditions that should be respected by dominant patent holders. It is interesting to see that these aspects are both applied in the civil law patent procedures as in the research by the European Commission. The authors come to the conclusion that it would be good for the unambiguity of case law if the European Commission rapidly creates clarity in the FRAND-discussion and indicates in which way this intervenes in competition law, in particular in article 102 TFEU.
To read the full article (in Dutch) please click here.