La proprietà intellettuale: nuove prospettive per una crescita sostenibile – 2023
This chapter, extracted from the publication Intellectual Property: New Perspectives for Sustainable Growth, published by LES Italia in collaboration with Netval, examines the role of Standard Essential Patents (SEPs) and the FRAND (Fair, Reasonable and Non-Discriminatory) licensing framework in promoting innovation and interoperability in increasingly standardized and interconnected markets.
It discusses the balance between patent holders’ exclusive rights and the need to ensure broad access to standardized technologies, highlighting the challenges posed by hold-out strategies and the importance of reciprocal obligations during licensing negotiations.
The chapter reviews key judicial decisions, including Huawei v. ZTE and Sisvel v. Haier, and analyzes the principal approaches to determining FRAND royalties. It also explores the advantages of patent pools as efficient mechanisms for licensing SEP portfolios, reducing transaction costs, and enhancing legal certainty. Finally, it addresses the key features of SEP licensing agreements and the enforcement tools available against unwilling licensees, emphasizing the need to preserve fairness, competition, and incentives for technological innovation.