Judicial Determination of Standard Essential Patent Licensing Fees: Dilemmas and Optimization Strategies
VOLUME 21, 2024
The Role of Targeted Infra-popliteal Endovascular Angioplasty to Treat Diabetic Foot Ulcers Using the Angiosome Model: A Systematic Review
VOLUME 6, 2023
Faculty of Law,Hunan University of Technology,Zhuzhou 412007,Hunan,China
Abstract
In judicial practice, there is currently no unified calculation standard for the licensing fees of standard essential patents (SEPs). The main reasons for the difficulties in determining licensing fees are the ambiguity of the FRAND (Fair, Reasonable, and Non-Discriminatory) principle, the lack of universally applicable allocation rules, the complexity of influencing factors, and inconsistent calculation methods. To calculate SEP licensing fees, it is necessary to clarify the different applicable values of allocation rules and overall market value rules, specify the SEP holder’s FRAND licensing obligations, the SEP holder's information disclosure obligations, and the standard-setting organization’s obligation to review necessity. A comprehensive approach to considering the specific circumstances of each case can improve the accuracy of SEP licensing fee calculations.
Lecture in accounting. University of Basrah, College of Administration and Economics, Department of Accounting.