The holder of a standard essential patent (SEP) should first notify the alleged infringer of the SEP, following which the alleged infringer should inform the patent holder of its willingness to take a licence. Then, said licence needs to be offered on FRAND terms.
These steps are guidelines for good faith negotiations between the parties. The term non-discriminatory does not mean that licence conditions should be standard; it may be that specific circumstances necessitate different licence conditions.
Case date: 02 July 2019
Case number: 200.219.487/01
Court: Court of Appeal of The Hague
A full summary of this case has been published on Kluwer IP Law.
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