The Licensing Journal by Wolters Kluver – September 2021
It is clear and accepted by the innovation ecosystem that those who invest in the development of new technologies need a reward, and this economic return must be obtained, especially in the case of SEPs, from the FRAND royalty rate requested for the patented technologies used in the standards. Therefore, there is a need to establish a fair royalty rate level, not subject to industrial and geopolitical influences. The most effective and efficient mechanism to accomplish this, when parties fail to negotiate an agreement, is to delegate this task to international arbitration bodies, which could solve, once and for all, the problem of how to determine the value of the FRAND royalty between parties for SEPs on a global basis.