Antitrust Division Gives IEEE Standard Setters the Okay to Ask Patentees How RAND They Are (original) (raw)

The paper discusses the longstanding policy of the IEEE regarding the incorporation of patented technologies in its standards, particularly emphasizing the reasonable and nondiscriminatory (RAND) licensing requirements. It highlights the challenges faced by standard users and patentees in defining what constitutes RAND terms, pointing out the antitrust implications of advance notice of these terms. The author examines changing perspectives on the disclosure of royalty rates during the standard-setting process and reflects on the role of legal opinions in shaping intellectual property rights policies.