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2023-01-18

Position Papers

The Value of Royalty Free Standards

Royalty-Free licensing of standard-essential patents has enabled the rapid proliferation of some of the most successful and widely adopted technical standards, including technologies found in nearly every smartphone and laptop on the market today.
Position Papers
Using Licensing Negotiation Groups (LNGs) When Licensing Standard Essential Patents on FRAND Terms

Although most negotiations for licenses for standard essential patents on fair, reasonable, and nondiscriminatory terms result in licensing agreements, there may be circumstances when licensing negotiations groups (LNGs)...

2022-07-29
Position Papers
Preserving the Optionality of Arbitration and Mediation in Standard Essential Patent (SEP) Disputes

Brussels, December 9, 2021 - This paper builds on the FSA’s position paper of February 15, 2017, and sets out further detail on the FSA’s views on the...

2021-12-09
Position Papers
Transparency Issues with Standard-Essential Patents

Brussels, August 2, 2021 - The Fair Standards Alliance has long advocated for increased transparency in licensing negotiations with respect to standard-essential patents (SEPs) subject to a commitment...

2021-08-02
Position Papers
Timely licensing for SEPs – how to avoid opportunities for hold-up and royalty stacking

Brussels, June 24, 2021 – In business environments in which SEPs are used to generate revenue streams, securing early certainty over licensing costs will make the business plans...

2021-06-24
Position Papers
SEP licenses should be available to all companies in a supply chain that want a license for SEPs in their products – Supporting references

Brussels, February 15, 2021 - On 24th June 2016 the Fair Standards Alliance published a position paper concerning the failure of some SEP holders to comply with the...

2021-02-15
Position Papers
Competitive and Industry Harms Related to Refusals to License SEPs and Other Forms of “Level Discrimination” in SEP licensing

Brussels, December 2, 2020 - Companies that create devices supporting current and next-generation cellular and Internet of Things (IoT) applications are, and will continue to be, critical to...

2020-12-02
Position Papers
FSA Position Paper: Coerced Global SEP Portfolio Licences Are Not FRAND

Brussels, October 26, 2020 - The Fair Standards Alliance supports a balance of interests among standardisation ecosystem participants, including the holders of standard essential patents (SEPs), prospective SEP...

2020-10-26
Position Papers
Patent pools and licensing platforms in SEP licensing (with Japanese translation)

Brussels, November 6, 2019 – Patent pools whose licensing practices are fair, reasonable and non-discriminatory (FRAND) would benefit both standard-essential patent (SEP) owners and innovative standard-implementing businesses, facilitating...

2019-11-06
Position Papers
The importance of maintaining the open source software value proposition

Brussels, October 23, 2017 - Despite the success of the OSS ecosystem, some companies are advocating for standards-development organizations (SDOs) to host OSS projects under an IPR policy...

2017-10-23
Position Papers
Facilitating the fair and balanced settlement of disputed on SEPs

Brussels, February 15, 2017 - The fair and balanced settlement of disputes regarding SEP licensing on FRAND terms outside of litigation must provide for voluntary participation, neutral rules,...

2017-02-15
Position Papers
Transparency FRAND: The use (and misuse) of confidentiality obligations in FRAND licensing negotiations

Brussels, February 13, 2017 - Some companies that claim to own standards essential patents (SEPs) demand that the companies they approach for licensing first must enter into broad...

2017-02-13
Position Papers
Injunction in accordance with the principles of equity and proportionality

Brussels, January 23, 2017 - When deciding on the appropriateness of injunctive relief in respect of one or more SEPs, factors such as the market participation of the...

2017-01-23