5G, "FRAND" And The IPR Regime

Recently in 2018, the Court of Appeal Judgement (UK) in Unwired Planet v Huawei Court of Appeal brought down various highlights regarding patent licensing further reflecting that it is truly complex in nature. The judgment further threw light on the necessity of negotiating intellectual property licencing in sectors such as technology and telecom in a flexible, transparent and a level playing field.

The judgment only fulfilled the much anticipated predictions of turning of tables further redefining the powers of various Multinational Corporations. The case settled that worldwide licensing rates would only be fair, reasonable as well non-discriminatory i.e., "FRAND" considering in mind the complex, expensive and time consuming negotiations of multiple patent licenses in the virtual world. Traditionally, power in the hands of licensee has always given them an upper hand irrespective of where they stand financially. These types of parties are in the position of either