Valuation of FRAND Royalties for Standard Essential Patent
2019
Hochschulschrift
Zugriff:
108
With the advancement of technology, in order to pursue the improvement of production efficiency and the reduction of commercial costs, technical standards become an increasingly important part of the technology industry. Due to the particularity of technical standards, licensees usually situate at disadvantaged position in standard essential patent’s licensing negotiation. The patentee may put pressure on the licensee that will lead to hold up and royalty stalking. In order to curb this situation, the standards-setting organization established “fair, reasonable and non-discriminatory” terms and conditions to balance the positions of both parties of the negotiation and to promote the standard by limiting the rights of standard-essential patents’ holders. However, there is not a clear definition of FRAND principle, so the FRAND royalties calculation became the most important problem in relevant cases. This dissertation summarized approaches of FRAND royalties calculation by study of cases among the world and concluded that the upper principle of FRAND royalties should be the hypothetical negotiation approach and Georgia-Pacific factors which are adjusted in accordance with FRAND principle. Reasonable royalty includes the contribution of patent technology and the contribution of non-patent technology. For standard essential patents, the technical standard will bring more value which does not belong to the patent itself. Therefore, when calculating the FRAND royalties, the patent contribution (including technical contribution, contribution to standards and contribution to products) should be specially evaluated. This paper proposes three patent contribution calculation methods that have been applied in typical cases or recommended by the academic papers. For specific calculation, this paper summarized three approaches, namely “bottom-up approach (incremental value approach)”, “comparable licensing approach”, “top-down approach”, and suggested that various approaches should be used and use cross-validation to obtain a more convincing reasonable royalty in one case. The evaluation of patent value is the last part of patent litigation. This dissertation aims to give a hand to the disputes of FRAND royalties in the future, and promote the development of Patent Act
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Valuation of FRAND Royalties for Standard Essential Patent
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Autor/in / Beteiligte Person: | ZHU, SHIAO ; 朱師奧 |
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Veröffentlichung: | 2019 |
Medientyp: | Hochschulschrift |
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