In the United States, the issue of whether or not one has complied with a licensing-related commitment made to a standards setting organization is often treated as a matter of contract. As we have written about before (here and here), some implementers wish to interpret such commitments so as not to lose entitlement to fair, reasonable and non-discriminatory (FRAND) licenses despite not negotiating in good faith or, as we like to say, to have their FRAND cake and eat it too. In a recently prepared article, we explore how such an interpretation lines up with basic contract law principles, particularly having reference to the language of the European Telecommunications Standards Institute’s (ETSI) Intellectual Property Rights Information Statement and Licensing Declaration [“the ETSI Licensing Declaration”].
Recent Posts
- Vidal Amicus Asks CAFC to Correct ED of TX Jury Instructions on Eligibility
- Revised Fair Use Ruling Finds No Transformative Use in Developing AI Search Tool
- Patently Strategic Podcast: Dealing with Rejection
- IPWatchdog Unleashed: Patents and the Future of the USPTO in Trump’s Second Term
- No Infringement Intended – The World Wrestling Federation’s Biggest Fight: A Look at Trademark Law and Global Brand Recognition