Recent Publications by WIPO and the EPO on FRAND Determinations and Assessments

Both the World Intellectual Property Organization (WIPO) and the European Patent Office have recently published reports on FRAND determinations.  WIPO’s, titled FRAND Economics: Valuation Methods in Licensing Standard Essential Patents, is available here, and the EPO’s, titled Methodologies for FRAND determination:  evidence from global case law, is available here.  I think it is fair to generalize that the WIPO report emphasizes economic issues pertaining to FRAND, with some discussion of case law, and that the EPO report provides a more detailed discussion of the relevant judicial decisions, to date, from around the world (but also includes good discussion of the relevant economic issues--and a few citations to some of my sole and co-authored work).  Both reports should prove useful to policymakers, practitioners, and academics.