On FRAND as a Means of Information Access
Research output: Contribution to journal › Journal article › Research › peer-review
FRAND (fair, reasonable and non-discriminatory) is a highly debated acronym that has been scrutinised, expounded and tested in scholarly works, courtrooms, and policy discussions. Initially employed as a remedy means and access tool in sector-specific and standards-setting contexts, FRAND has recently made its way into the emerging EU data governance regime. Given this new position, it is appropriate to examine FRAND critically as a universal access mechanism of the information law domain at large.
Drawing on a narrative of FRAND in SEP licensing, this article reflects on the innate capacity of FRAND to act as a flexible governance instrument. Examining regulatory forces and patterns guiding the interpretation of FRAND, the article presents the interplay of self-governance, national and EU layers of regulation. As shown, the determination of FRAND is firmly grounded on institutional and procedural norms, both in a standardisation context and beyond. The analysis highlights the fact that such a regulatory approach has costs and opportunities. To harness the flexibility of FRAND as a universal information access tool, it is essential to gain more clarity as to the content and goals of FRAND-enabled transactions. It is also critical to ensure that the efficiency of such a regulatory approach does not come at the cost of compromising on the protection afforded by EU fundamental rights and freedoms.
Drawing on a narrative of FRAND in SEP licensing, this article reflects on the innate capacity of FRAND to act as a flexible governance instrument. Examining regulatory forces and patterns guiding the interpretation of FRAND, the article presents the interplay of self-governance, national and EU layers of regulation. As shown, the determination of FRAND is firmly grounded on institutional and procedural norms, both in a standardisation context and beyond. The analysis highlights the fact that such a regulatory approach has costs and opportunities. To harness the flexibility of FRAND as a universal information access tool, it is essential to gain more clarity as to the content and goals of FRAND-enabled transactions. It is also critical to ensure that the efficiency of such a regulatory approach does not come at the cost of compromising on the protection afforded by EU fundamental rights and freedoms.
Original language | English |
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Journal | GRUR International |
Volume | 73 |
Issue number | 5 |
Pages (from-to) | 393-405 |
ISSN | 2632-8623 |
DOIs | |
Publication status | Published - 2024 |
ID: 389315726