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Authored by: Ian Al on Thursday, October 11 2012 @ 03:57 AM EDT |
Standards essential patent owners have to make a declaration via the standards
body that they will negotiate a FRAND patent licence. FRAND is not defined. The
declaration has no legal force.
The standards organisation offers conciliation services, but it can also exclude
members from the organisation if the terms of the organisation are deemed by the
ruling body to be broken. They can also withdraw the standard affected.
For a mobile equipment developer to be excluded from standard setting and also
be excluded from having any of its patents incorporated in standards would be
devastating to their business.
FRAND is not a licence. Frand declarations via standards organisations are not a
PR exercise. The penalties for not abiding by the declaration can put an end to
the business of the patent owner.
Of course, if a member of a standards organisation does not complain that FRAND
declarations are not being followed then the patent owner has nothing to worry
about.
Neither Apple nor Microsoft complained to the ETSI standards organisation.
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Regards
Ian Al
Software Patents: It's the disclosed functions in the patent, stupid![ Reply to This | Parent | # ]
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- Declaration - Authored by: Anonymous on Thursday, October 11 2012 @ 09:16 PM EDT
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