Robert Lundie Smith writes for WIPR on how enforced arbitration could fix a 'dysfunctional' global FRAND system
min readThe English courts have long highlighted the lack of enforceable arbitration as the core reason for "dysfunctional" global FRAND dispute resolution, but Acer v Nokia
creates a potential solution according to Robert Lundie Smith, Partner and Head of our Intellectual Property team.
In an article for WIPR, Rob, explores this potential solution. See a snippet of the piece below:
The “dysfunctional” nature of the system for resolution of global fair, reasonable and non-discriminatory ([F]RAND) disputes has been an important area of judicial observation in recent judgments of the courts of England and Wales.
The lack of any legally enforceable arbitration for such disputes is cited as a key cause and its likely solution....
Although arbitration may be seen as a solution by the courts, not all disputes, let alone not all licensors / licensees will elect to arbitrate in all circumstances. As with all aspects of forum selection, there will be pros and cons of arbitrating a particular dispute to be weighed against the pros and cons of other fora.
Read the full article in WIPR here (subscription required).
