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Standards, Standardization and Standard Essential Patents


The Huawei IEEE Scandal: Is Huawei a Buccaneer or a Privateer?
The IEEE is a consensus organization “dedicated to advancing technology for the benefit of humanity.” [1] And that is how Wi-Fi (IEEE 802.11) started: with a bunch of dreamers and idealists who wanted to create new technology to make everyone’s life easier. They worked under a set of rules that allowed every individual who came to enough meetings to vote on proposals and required that each of these individuals vote their conscience, rather than voting in a block to protect
Marta Beckwith
2 days ago4 min read


A Vote to Be Allowed to Vote
On 27 April 2023, the European Commission published its proposal for the Regulation of Standard Essential Patents (“SEP Proposal”). The SEP Proposal was carefully considered and vetted through the European Union’s ordinary legislative procedures. Stakeholders and the public were given the opportunity to provide written input and there were more than 70 submissions from businesses, academics and other experts. It was also reviewed, and comments and suggestions made, by seve
Marta Beckwith
Dec 32 min read


The FRAND Commitment and Courts That Just Don’t Get It
The European Telecommunications Standards Institute (“ETSI”) requires each SEP owner to agree to give an “irrevocable undertaking in writing that it is prepared to grant irrevocable licences on fair, reasonable and non-discriminatory (“FRAND”) terms and conditions . . .” If a SEP owner refuses, the committee, in consultation with the ETSI Secretariat, is empowered to stop work on the applicable section of the standard. [1] Similarly, in the Institute of Electrical and Elec
Marta Beckwith
Oct 305 min read
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