Good Faith Disclosure And FRAND Commitment In The Context Of Standardization Agreements.

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Good Faith Disclosure And FRAND Commitment In The Context Of Standardization Agreements.

Abstract

The European Commission recently revisited its Guidelines on Horizontal Co-operation Agreements and has significantly changed the chapter on standardization agreements. The changes include specific provisions on standardization agreements that involve the use of intellectual property rights. In order for such agreements to fall within a safe harbour, where there is a presumption that competition is not restricted, several conditions must be fulfilled. These conditions include granting effective access to the standard on the basis of (i) good faith disclosure and (ii) FRAND commitment obligations. This briefing examines these two core obligations in order to understand how they should be applied in practice.

I. Introduction

In December 2010, the European Commission (the EC) published revised guidelines on the assessment of horizontal co-operation agreements. The new Guidelines on the applicability of Articl...

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