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Fordham Conference: Why transparency may not improve FRAND

Ellie Mertens, New York

Counsel from IBM, Nokia, Huawei and others discussed FRAND and questioned the necessity of transparency in licensing terms, at the Fordham IP Conference in New York last week

As standard essential patent (SEP) owners in Germany must provide information to potential licensees that enables them to determine whether a proposed agreement is non-discriminatory (in order to be FRAND: fair, reasonable, and non-discriminatory), “it presents a problem for patent...

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