FRAND ADR CASE MANAGEMENT GUIDELINES

ADR for FRAND-conflicts can resolve negotiation blockades and foster the process of innovation.

However, despite an overall willingness to use mediation or arbitration in FRAND-cases, a perceived sense of uncertainty seems to prevent wider use of ADR methods.
WIPO for example provides specialized FRAND Arbitration Rules, however in practice the arbitrators called to decide on corresponding disputes are still facing some difficulties regarding case management issues.

To assists arbitrators, parties and courts, the Munich IPDR Forum set out to develop a set of guidelines that can be referred to in this regard. With the IPDR Workshop Series we offered a platform for open and constructive discussion, where practitioners and academics could connect and eventually develop FRAND Case Management Guidelines together.
The aim was to produce user friendly and practical guidance to help make FRAND-Dispute Resolution more predictable and attainable.
Clear and balanced guidlines on how to proceed and how to consider patent holders‘ as well as implementers‘ needs and interests will create more legal certainty and reliability in the use of ADR methods in FRAND Disputes.

The FRAND ADR Case Management Guidelines are available for free.
The most recent version is 1.0.

For a print copy please contact us at info(a)ipdr-forum.org.

We are proud to see the FRAND ADR CASE MANAGEMENT GUIDELINES included in the Benchmarking of meditation and arbitration rules of institutions comparable to the UPC’s Patent Mediation and Arbitration Centre (PMAC) produced by EPO, available at PMAC

For more information on the PMAC and its public consultation of draft Mediation and Arbitration Rules go to PMAC Consultation