FRAND Royalties and Injunctions for Standard Essential Patents

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Abstract

I develop a stylized model of court procedures that resolve disputes concerning FRAND-encumbered standard essential patents (SEPs). I analyze the effects of injunctions and potential court-imposed FRAND rates on negotiated royalty rates. The SEP holders’ ability to hold-up is constrained by the prospect of the court-imposed license terms in case of disputes, but is not completely eliminated. Possible mechanisms to address the residual hold-up power of the SEP holders are discussed.

Original languageEnglish
Pages (from-to)233-250
Number of pages18
JournalGlobal Economic Review
Volume45
Issue number3
DOIs
Publication statusPublished - 2016 Jul 2

All Science Journal Classification (ASJC) codes

  • Business and International Management
  • Economics, Econometrics and Finance(all)
  • Political Science and International Relations

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