Abstract
I develop a stylized model of court procedures that resolve disputes concerning FRAND-encumbered standard essential patents (SEPs). I analyze the effects of injunctions and potential court-imposed FRAND rates on negotiated royalty rates. The SEP holders’ ability to hold-up is constrained by the prospect of the court-imposed license terms in case of disputes, but is not completely eliminated. Possible mechanisms to address the residual hold-up power of the SEP holders are discussed.
| Original language | English |
|---|---|
| Pages (from-to) | 233-250 |
| Number of pages | 18 |
| Journal | Global Economic Review |
| Volume | 45 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - 2016 Jul 2 |
Bibliographical note
Publisher Copyright:© 2016 Institute of East and West Studies, Yonsei University, Seoul.
All Science Journal Classification (ASJC) codes
- Business and International Management
- Economics, Econometrics and Finance(all)
- Political Science and International Relations