1st Edition

SEPs, SSOs and FRAND Asian and Global Perspectives on Fostering Innovation in Interconnectivity

Edited By Kung-Chung Liu, Reto M. Hilty Copyright 2020
    412 Pages 5 B/W Illustrations
    by Routledge

    410 Pages 5 B/W Illustrations
    by Routledge

    This book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally.

    The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards.

    This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.

    1. Introduction: As a Matter of Standard for Asia and Beyond?

    Kung-Chung Liu

    Part 1: The Formation of Standards and Some Economic Observations

    2. De facto Standards

    Jiyu Zhang

    3. De Jure Standard Setting in the Telecom Industry: Its Evolution and the Developing Country Case for Reform

    Prashant Reddy Thikkavarapu

    4. Standard Setting Organizations, Standard-Essential Patents and FRAND Terms: An Economic Observation

    Felix Conde, Lanhua Li and Can Huang

    Part 2: Beneficiaries and Enforcement of FRAND Declarations/Commitment

    5. US Perspectives

    William Hubbard

    6. Asian Perspectives

    Jyh-An Lee and Sang Jo Jong

    7. UK Perspectives

    Peter Damerell and Tess Waldron

    Part 3: Asian Case Law and Global Experiences

    8. Unprepared, Unable and Unwilling to Deal with FRAND Licensing of SEPs in Taiwan

    Kung-Chung Liu

    9. Japan

    Masabumi Suzuki

    10. Korea

    Jinyul Ju

    11. IPR Protection and Antitrust Regulation of SEPs in China

    Liyang Hou and Mengchi Tian

    12. Standard Essential Patents and FRAND Licensing: A View from India

    Biswajit Dhar and Reji K. Joseph

    13. The Paradox of Relief: Reconciling Remedies in Patent Law and Competition Law for FRAND Cases in India

    Feroz Ali

    14. FRAND as a Legal Concept at the Intersection between Competition Law and Intellectual Property Law: The Road Ahead for Singapore?

    Burton Ong

    15. European Experiences: EU and Germany

    Matthias Leistner

    Part 4: Regulated Self-regulation

    16. Stakeholders’ Views on Policy Concerns and Regulatory Framework for Self-regulation by SSOs

    Fair Standards Alliance and Shengtao Hu

    17. Propositions for Regulated Self-regulation of SSOs

    Kung-Chung Liu and Haoran Zhang


    Kung-Chung Liu is Lee Kong Chian Professor of Law (Practice), Director of the Applied Research Centre for Intellectual Assets and the Law in Asia (ARCIALA) at Singapore Management University and also Professor at Renmin University of China.

    Reto M. Hilty is Professor and Director of Max Planck Institute for Innovation and Competition, Germany.