关键词: 标准专利, 许可费, 可比许可协议

Abstract: The core issue ofFRANDprinciple is to provide fair, reasonable and non-discriminatory licensing fees. In this type of cases, the commonly used methods are comparable licensing agreement, Top-down and Bottom-up, etc. In some complex cases, several methods need to be combined to analyze. Because the conclusion of comparable licensing agreement is signed voluntarily by both parties, conforms to the principle of marketization, has the similarity of licensing environment, and is easy to operate, it often becomes the preferred method for judges. Based on the analysis of cases of Huawei and UP, Ericsson and TCL, this paper analyses the connotation of comparable licensing agreement method. It also provides some reference for enterprises to sign corresponding licensing agreements or how to screen suitable licensing agreements in licensing fee disputes.

Key words: SEPs, royalty rate, comparable licensing agreement