Is arbitration a promising way to settle FRAND disputes?

The first Munich Dispute Resolution Forum took place on 10 November 2015 and was dedicated to the topical issue of FRAND licensing. More than 110 participants attended presentations and a lively panel discussion and had an opportunity to share ideas at a social mixer. For the program and a detailed report see HERE.

Professor Dr. Josef Drexl, LL.M. (Berkeley)
Managing Director of the Max Planck Institute for Innovation and Competition
started the evening with an overview on the FRAND objection in the aftermath of the Huawei v. ZTE decision. In particular, the focus was on the question of the justification for the FRAND objection and its practical consequences and significance, for affected patentees and license seekers.

Professor Dr. Beate Gsell
Chair of Civil Law and Civil Procedure Law, European Private and Procedural Law of the Ludwig Maximilians University of Munich
addressed the possibilities of alternative dispute resolution, regarding standard-essential patents.

Panel Discussion ::
FRAND Terms: A fair way to fair license conditions?

The panel discussion focused on the question of whether and what alternative dispute resolution can contribute to FRAND licensing situations. Panelists were:

Dr. Matthias Zigann
Presiding Judge at the Munich Regional Court I, 7th civil division as patent division

Prof. Dr. Joachim Henkel
Professorial Chair for Innovation and Technology Management at the Technical University of Munich

Dr. Michael Fröhlich
Legal Counsel and Senior Director of EU Intellectual Property & Strategy at BlackBerry, former Head of Legal Affairs at ETSI

Dr. Claudia Tapia García, LL.M.
Director IPR Policy, IP Policy and Communications at Ericsson, 4iP Council´s President

Moderated by
Prof. Dr. Peter Picht, LL.M. (Yale)