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· Archive/Online workshop/24 March 2020, 16:00/Online

FRAND contract clause workshop

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Workshop on FRAND Contractual Clauses in Patent Licensing Agreements Following the Guidance Document Issued by the Munich Regional Court I on 4 February 2020.

On February 4th, the Landgericht München I (Munich I Regional Court) has released its long-awaited guidance document on SEP/FRAND patent litigation (find it here). Together with sections on, inter alia, pre-litigation FRAND negotiation conduct and FRAND litigation structure (timeline, amendments, requirements for raising a FRAND defense, etc.) before the Munich Court, the guidance document sets out cornerstones for FRAND-compliant license offers/contracts. However, the Court refrains from specifying the wording of FRAND-compliant contractual terms while suggesting the parties of a FRAND dispute may rely on contract language developed by third parties for this purpose. The Munich IPDR Forum attempts to follow this call and work out FRAND-compliant contract language with a view to the Munich Court FRAND guidance.

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On the work of the Forum

Arbitration and mediation belong at the heart of intellectual property practice — not at its margins. The Munich IPDR Forum exists to make that shift practical.

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