My book A Contractual Theory of FRAND. From Private Normativity to Legal Obligation in Technical Standardization has just been published by Wolters Kluwer, in hardcover and as an eBook.
A contractual reading of the FRAND undertaking
The book starts from a question that courts rarely address head on: what is the legal nature of the FRAND undertaking given by the holder of a standard essential patent to a standard development organisation? I argue for a contractual reading. Governed by French law under the ETSI IPR Policy, the undertaking is a stipulation pour autrui, a contract for the benefit of third parties, of which implementers of the standard are the beneficiaries.
This characterisation has very concrete consequences for standard essential patent litigation: who may rely on the undertaking, before which court, and under which rules of interpretation and enforcement.
Launch offer
Wolters Kluwer is running a launch offer until 30 October 2026 with the code 30AIPPI26, on the book's page.
European and international FRAND case law is tracked in the FRAND Litigation Watch. To discuss these issues or a matter involving standard essential patents, you are welcome to contact me.