(영어공부)[WIPO Magazine] A FRAND in need: why establishing standardized technologies is so complicated

<Article Link>

https://www.wipo.int/web/wipo-magazine/articles/a-frand-in-need-why-establishing-standardized-technologies-is-so-complicated-69933

Fundamental FRAND dependability: why standardizing technology is not just peanuts

 

<Summary>
This article deals with the phases of a FRAND(Fair, Reasonable And Non-Discriminatal) contract of standardized technology. SEPs protect technologies that are essential for implementing industry standards like 5G, Wi-Fi, and Bluetooth. The phases and the details are as followings:

 

1. Standardization

There is an conflict between standardization and patent: the success of standards relies on broad adoption, whereas the patent system is set up to reward innovation.  If you launch a standard-cmoplicant product, you will inevitably have to use technology that is a patented by others, for which you'll need a license. It leads to the second phase: licensing.

 

2. Licensing

If a technology you want to utilize is patented by others, you have to get a license from patent holders. This is a legitimate way to use patented technology. So as the standardized technology such as WIFI, Bluetooth etc. However, there is a problem that determining a technology as a standard technology is ambiguous. Therefore, licensing negotiations can be fraught with conflict - or at leats diverging views on what is fiar and reasonable for a license.

 

3. Dispute

Implementers fear the threat of injuction used to extract FRAND royalties, while SEP(Standard Essential Patent) owners bemoan the implementer's unlicensed use of their patented tech and their attempst to avoid paying fair licensing fees.

As the market and industry is grobalized and digitalized, it is getting much more complicated to arrange "fair licensing fee" for standard patent.

 

There is two way to resolve a dispute between SEP holders and implementers.

1) WIPO offers multiple means of alternative dispute resolution(ADR) to mediate stakeholders' needs.

2) SEP holders can actively register the SEP to patent pool and ones who want to implement SEPs can pay licensing fee that is fairly arranged by the administrator of the patent pool and use the SEP technology.

 

Ultimately, the article argues that fostering trust and collaboration—true "FRAND dependability"—is key to maintaining a healthy ecosystem for innovation and global technology adoption.

 

 

<ChatGPT 첨삭>

 

 

 

<ChatGPT 총평>