Together for
transparency
and innovation

The Fair Standards Alliance (FSA) is a coalition of innovators working to make standard-essential patent (SEP) licensing fair, transparent, and accessible for all. We unite SMEs, global firms, and research institutions to keep Europe open and competitive.

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Advancing Fair and Balanced SEP Licensing

The Fair Standards Alliance (FSA) is a key contributor to the debate around standard essential patents (SEPs). The FSA advocates for an open and collaborative approach to the licensing of SEPs that are needed for the creation of the next generation of wireless technology products. We are contributing to the future of balanced SEP policies as the European Commission advances its Digital Single Market objectives and as other policy makers around the world look into these issues.

Uniting Innovators for Fair SEP Licensing

The Fair Standards Alliance is an association created in 2015 to strengthen the voice of innovative technology companies of all sizes to ensure that licensing of SEPs required by so many smart devices is done on a fair, reasonable and non-discriminatory basis (FRAND).

Our activities include high level meetings at the European Commission, European Parliament as well with Member State Permanent Representations in Brussels. We also participate in European and global public consultations in relation to SEPs.

FRAND means

Licenses for SEPs should be available at any point in the value chain.
Transparency should be encouraged.
FRAND royalties should reflect the value of the invention.
Injunctions and similar legal threats should be a last resort.
FRAND commitments should not be compromised because a SEP is sold to another company.

Our Key Principles

The objective of the Association is to promote globally, but primarily in the European Union and its Member States, certain key principles relating to the licensing of FRAND-encumbered Standard Essential Patents (SEPs).

Fair, Reasonable and Non-discriminatory to All

Holders of FRAND-encumbered SEPs must offer licenses for such SEPs on fair and reasonable and non-discriminatory terms to all companies, organizations, and individuals who implement, or wish to implement, the relevant Standard, in accordance with the terms of the applicable policy of the relevant standards setting body. This must include offering licenses to entities that implement, or wish to implement, portions of the Standard for use in Standard-conforming implementations.

FRAND Commitment Follows If FRAND-encumbered SEPs Transferred

If a FRAND-encumbered SEP is transferred, the FRAND commitment must follow the SEP in such transfer and in all subsequent transfers; the initial transferee and all subsequent transferees must remain bound by the FRAND commitment.

Injunctions Available Only in Limited Circumstances

A holder of a FRAND-encumbered SEP must not be allowed to seek or enforce an injunction or other exclusionary remedies in relation to that SEP except in limited circumstances.

No Patent Tying

A holder of a FRAND-encumbered SEP may not, as a condition of granting a FRAND license to the SEP, require implementers to (a) take licenses to Patents that are not valid or not infringed, or not Essential to the Standard; or (b) grant a license to implementer’s Patents that are not Essential to the Standard.

Transparency regarding FRAND-encumbered SEP licensing

Transparency in FRAND-encumbered SEP licensing should be encouraged to create greater predictability and avoid discrimination, benefiting both industry and end-users.

FRAND Royalties Should Reflect Many Factors

A reasonable rate for a valid, infringed and enforceable FRAND-encumbered SEP should be based on several factors. These factors should include assessing the value of the patented invention apart from its inclusion in the standard, and apart from its combination with other technologies not claimed in the patent. Royalty rates should also take into account the smallest unit implementing the SEP, as well as royalty stacking.

Our mission

To contribute to building a balanced framework for sustainable licensing of standard essential patents that fosters creativity, innovation and job creation in Europe and beyond.

Download our position paper

Governance

Decision-making
at FSA

FSA is governed by its members through a Board and Working Groups, ensuring balanced representation across industries.
We act transparently, operate by consensus, and are accountable to our members.

Elected by members to oversee strategy and ensure that FSA’s positions reflect the coalition’s mission and values.

Working Groups cover various topics and are assigned specific tasks on a temporary basis. They meet on a regular basis to discuss initiatives and proposals from members that aim to achieve the goals of the association.

The General Assembly is the decision-making body of the Fair Standards Alliance and meets twice a year. It sets the direction of the organisation, agrees the budget and approves the organisation’s strategic plan for the forthcoming year. Its decisions are reached by consensus and set the course for the FSA policy and administration. All members of the FSA are represented in the General Assembly.