The Court of Justice Rules on the Enforceability of Standard-Essential Patents
July 24, 2015
A patent is considered to be essential for a technical norm or technical standard established by a standardization body, when the standard cannot be achieved without using the subject matter of the patent. Essential patents on a standard can effectively block the market. Patent holders who are members of a standardization body undertake to declare their patents that are essential to a particular standard and grant licenses under fair, reasonable and non-discriminatory (“FRAND”) terms.
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