Portal de Periódicos da CAPES

Litigating a ‘FRAND’ patent licence: the Unwired Planet v Huawei judgment

2017; Oxford University Press; Volume: 13; Issue: 2 Linguagem: Inglês

10.1093/jiplp/jpx187

1747-1540

Pat Treacy, Matthew Hunt,

Law, AI, and Intellectual Property

Standards arise in industries where it is necessary for products and components made by different companies to work with one another. A complex consumer product such as a mobile phone will contain a number of standardized technologies. Complying with these standards ensures that, for example, a consumer can purchase any 4G phone and be sure that it will connect to any 4G network and then with any other 4G phone.1 Informal or de facto standards may arise from common practice or convention, or even from the activity of one particularly influential manufacturer. However, particularly in high-tech or high-value industries, companies frequently work with a standard-setting organization (SSO) to develop and publish a formal standard. The SSO which sets many of the telephony standards applicable to mobile phones is the European Telecommunication Standards Institute (ETSI). Most companies active in the mobile telephony sector are members of ETSI, including many that contribute engineering resources and technology, but which no longer manufacture products.