Interpretation of FRAND Commitments in new SEP battle
grounds
Southeast Asia, particularly countries like Thailand, Vietnam,
Indonesia, and the Philippines, is increasingly seen as a
significant region for Standard Essential Patent (SEP) litigation
as part of SEP licensing negotiation. This is due to its large
market size and evolving legal frameworks, with Thailand, Vietnam,
Indonesia, and the Philippines having specialized IP courts to
better deal with complex IP cases.
Standard Essential Patent (SEP) litigation in Southeast Asia is
evolving as countries in the region navigate the complexities of
balancing patent rights with competition law.
SEP holders, when declaring essentially certain patents, need to
give an irrevocable undertaking to grant a license on Fair,
Reasonable, and Non-discriminatory terms. It is against this
backdrop that courts need to grapple with SEP's request for an
injunction as a result of any impasse in licensing
negotiation.
