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Title: A note on the neglected issue of reverse patent holdup
Authors: Bharadwaj, Ashish
Keywords: Case law
European Union
United States
Standard-essential patent
FRAND agreement
Issue Date: 2017
Publisher: Journal of Intellectual Property Law & Practice, Oxford University
Citation: Bharadwaj, Ashish (2017). A note on the neglected issue of reverse patent holdup, Journal of Intellectual Property Law & Practice, jpx224,
Abstract: The problem of reverse patent holdup or patent holdout arises when an implementer uses a standard-essential patent (SEP) without initially obtaining a licence from the patent holder based on the reasoning that the amount charged is in violation of the FRAND agreement. This issue has been a significant problem in the mobile communications industry because of the growing need for connected devices to use new and improved standards that involve multiple patents. This article briefly presents the position on reverse patent holdup of the courts of the United States, the European Union and India. The licensing practices prevalent in the industry, based on FRAND terms, have a major role to play in ensuring that the delicate balance between sufficiently rewarding innovators and ensuring uninterrupted access to essential technologies is not jettisoned.
Appears in Collections:JGU Research Publications

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