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Posts Tagged: "ITU"

Emotions in the debate on royalty payments for the use of standards

The debate on royalty payments for standard essential patents has a surprisingly emotional, sometimes even hostile, undertone. Companies selling standards-based products have an obvious commercial interest in lower royalty rates, but for some participants in the debate the hostility goes deeper. Some people find the idea of having to pay royalties for the use of any standard objectionable and unreasonable.

Internet Power Grab at World Conference on Telecommunications

Many countries came to the WCIT to genuinely solve problems with access, infrastructure, security issues related to phishing and other challenges. And some countries wanted to maintain a close relationship with the ITU in hopes they would support the telecommunications infrastructure in their less developed countries, such as Africa. In fact, most African countries signed the treaty, except for Kenya. But it would be incorrect, I believe, to think their motivations included a desire for greater control over the Internet.

The Smart Phone Patent Wars: What are FRANDs For?

In all cases, the IEEE, JEDEC, ITU and TIA policies apply to both issued patents and pending applications (regardless of whether such applications are published). Further, all four policies make clear that the SSO will not get involved in the particulars as to what constitutes FRAND licensing practices. Interestingly, and for those paying attention, the IEEE, JEDEC and ITU policies require disclosure of essential patents, whereas the TIA policy simply encourages disclosure of essential patents. Again, there simply is no generally-accepted test to determine whether a particular license offer satisfies the reasonable aspect of an SSO participant’s FRAND commitment. How does this play out in practical terms? A recent case is instructive.