Abstract:

In order to avoid the patent hold-up, standard-setting organizations have, for many years, required members to commit to license patents essential to use of standards on fair, reasonable, and non- discriminatory (FRAND) terms. Unfortunately, SSOs have not defined what FRAND means, leaving its dispute to licensee and licensor. In the standard patent litigation involving mobile communications in recent years, judges mostly adopted the comprehensive method of “Top Down”and comparable license agreement to judge. This article combed the connotation and implementation path of the existing“Top Down”method, and analyzed its applicability to the challenges after 5G commercialization.

Key words: SEPs, Top-Down, royalty rate