Arbitration in FRAND-related disputes
Article from: TDM 2 (2022), in Conferences
The paper aims to study arbitration challenges in FRAND-related disputes. Paper initially discusses that FRAND disputes are challenging due to the international character of SEPs when no substantive law in any jurisdiction provides a clear legal guidance to set FRAND terms. In addition, it shows how three areas of law, i.e., IP, competition and contract, can be involved which can raise three main types of disputes: invalidity of patent, antitrust violation and setting FRAND rate. Arbitration is studied against each of these disputes, and its advantages and challenges are discussed. ...