A FRAND commitment is a legally binding agreement between two (or more)
entities of the terms they decided upon.
To Legally remove injunction as
an option you have one of two choices:
A: The standards committees require
SEP owners to commit to not enforcing their pantents with an
injunction
or
B: Change the Law so an injunction is not applicable to a
particlar class of patent
If you're suggesting A then the standards
committees can use this as a learning experience and change the future....
maybe.
If you're suggesting B, I disagree with that solution unless it's
applied equally against all patents.
To target only one class of patent -
a class that does not exist without the stdandards agreement - and not the rest
is to immediately give an unfair advantage to patents that are not SEP classed.
In order to keep a level playing field, entities can simply choose to stop
agreeing to allow their particular patented invention to be included in the
standard. This is not against the Law. One does not have to donate ones patent
to a standard.
Do you honestly believe that obvious end result to ensure
a level playing field between patents is better for the public?
I don't
think it is. And as a result, if you wish to eliminate - by Law - the
availability of an injunction as a means of correcting patent infringement, then
the only fair way to do that is to remove it as a choice on all patents
equally.
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