Examples of FRAND terms and conditions in a sentence
According to TCL, the re- lease payment was a “way to retroactively restore to Erics- son that which it would have already received if the FRAND terms and conditions had previously been set, and a license not delayed.” Id. at 27.That the release payment was ordered in the form of an injunction does not necessarily make it equitable.
The IPR policies of each of the Partners Type 1 of one M2M also recognize the importance of respecting the rights of owners of essential/potentially essential IPRs. Thus, the IPR policies seek to balance such rights with the ability of implementers to access essential IPRs under Fair, Reasonable and Non-Discriminatory (FRAND) terms and conditions.
This Regulation shall apply to patents that are essential to a standard that has been published by a standard development organisation, to which the SEP holder has made a commitment to license its SEPs on fair, reasonable and non-discriminatory (FRAND) terms and conditions and that is not subject to a royalty-free intellectual property policy,2.
The conciliator shall invite each party to file written submissions setting out its arguments concerning the determination of the applicable FRAND terms and conditions, including supporting documentation and evidence, and set appropriate time limits.
The conciliator shall notify the parties a written recommendation of a determination of FRAND terms and conditions at the latest 5 months before the time limit referred to in Article 37.
See also Case AT.39985 – Motorola (GPRS) ¶¶ 290-291 (“In order to ensure effective access to the GPRS standard, SEP holders are required by ETSI to commit to license its SEPs on FRAND terms and conditions.
If a party has already submitted a proposal for the determination of FRAND terms and conditions, revised versions shall be submitted, if necessary, taking into account the recommendation of the conciliator.
If the conciliator considers it necessary or if a party so requests, an oral hearing shall be held within 20 days after the submission of reasoned proposals for determination of FRAND terms and conditions.
The absence of objective justification related in particular to the fact that the potential licensee, i.e. Apple, was not unwilling to enter into a license agreement for Samsung’s SEPs on FRAND terms and conditions.
Following the notification of the written recommendation of FRAND terms and conditions by the conciliator, either party shall submit a detailed and reasoned proposal for a determination of FRAND terms and conditions.