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{{Quote|occurs when a [[patent holder]] make an intentionally false promise to [[license]] essential [[proprietary technology]] on [[FRAND]] terms, a [[standard setting organization]] relies on that promise in incorporating the [[patented technology]] into a [[standard]], and the [[patent holder]]'s subsequently breaches that promise and demands higher [[license]] fees than promised.}} |
{{Quote|occurs when a [[patent holder]] make an intentionally false promise to [[license]] essential [[proprietary technology]] on [[FRAND]] terms, a [[standard setting organization]] relies on that promise in incorporating the [[patented technology]] into a [[standard]], and the [[patent holder]]'s subsequently breaches that promise and demands higher [[license]] fees than promised.}} |
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+ | {{Quote|[is] opportunistic conduct whereby a party of an [[agreement]] exploits [[vagueness]] in the [[agreement]] to expropriate another party's investment, which is specific to this [[agreement]]. In particular, patent hold-up designates an exorbitant [[royalty]] request made by a [[patent holder]] who led [[implementer]]s to believe that they would be given more advantageous [[licensing]] conditions. The hold-up value is the additional value of the [[royalty]] that the [[patent holder]] is able to extract after the [[implementer]] has made irreversible investments to [[implement]] the [[patented technology]].<ref>[[Licensing Terms of Standard Essential Patents: A Comprehensive Analysis of Cases]], at 7.</ref>}} |
== References == |
== References == |
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Latest revision as of 22:25, 16 January 2017
Definition[]
Patent hold-up
| “ | occurs when a patent holder make an intentionally false promise to license essential proprietary technology on FRAND terms, a standard setting organization relies on that promise in incorporating the patented technology into a standard, and the patent holder's subsequently breaches that promise and demands higher license fees than promised. | ” |
| “ | [is] opportunistic conduct whereby a party of an agreement exploits vagueness in the agreement to expropriate another party's investment, which is specific to this agreement. In particular, patent hold-up designates an exorbitant royalty request made by a patent holder who led implementers to believe that they would be given more advantageous licensing conditions. The hold-up value is the additional value of the royalty that the patent holder is able to extract after the implementer has made irreversible investments to implement the patented technology.[1] | ” |