SEP/FRAND: Origens Históricas e o Caso Rambus

Offering a license of standard essential patents on fair, reasonable, and non-discriminatory (FRAND) terms has become a requirement for the subsequent exercise of patent rights, especially injunctions. However, the Rambus case, one of the precursors of this system, has peculiarities that demonstrate that excessive concern about potential anti-competitive effects of essential patents can have the reverse effect of discouraging technological innovation and even encouraging the adoption of conflicting practices by members of technical standards development organizations, whether they are implementers, patent holders, or both.