Introduction: APIs and SEPs as essential inputs in the digital ecosystem.
Section 2: SEPs, FRAND determination, and effects on innovation
- The SSO and SEP, market power and cooperation.
- The Economic rationale of FRAND commitments: hold up v. reverse hold up.
- FRAND commitments and injunctive reliefs: striking a balance between the interests and aims of SEPs holders and implementers
- Definition of FRAND licensing terms: EU and US approach; proposals (ex ante licensing)
- The Huawei etiquette and its implementation in the post-Huawei (German and UK) case law: patent assertion entities; parties’ duties; FRAND single rate v. FRAND range
- Uncertainty and its effects (litigation costs; willingness to join SSOs; innovation)