Intellectual property agenda: the FRAND (fair, reasonable and non-discriminatory) debate — is the tide turning?

By Osman Zafar

The outspoken Federal Trade Commission (FTC) commissioner, Joshua D Wright, recently made a speech where he spoke out against the FTC’s ‘new IP agenda’ and its opposition to the availability of injunctive relief for standard essential patent (SEP) holders. Wright states that the FTC now appears to view merely seeking an injunction in respect of an SEP as anti-competitive and against the public interest (he cites the FTC’s actions in Bosch and Motorola). He suggests that the FTC’s approach is a departure from the long-established ‘symmetry principle’, i.e. that the application of antitrust law to IPRs should be in parity with the approach to real property, and that it is not necessary to have a different analytical framework or special rules to enforce the antitrust laws in order to promote consumer welfare.

‘IPRs, like other property rights, play a critical role in a property rights regime focused on voluntary commercial exchange and competition. Linking the antitrust analysis of IPRs to the already well-developed toolkit available to analyse the economics of business arrangements involving real property rights encourages methodological consistency and analytical rigor in identifying the appropriate limits on the exercise of IPRs.’ …

Click on the link below to read the rest of the Bristows briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Bristows

View more briefings from Bristows

Analysis from The Lawyer

Browse This Firm’s


100 Victoria Embankment

Turnover (£m): 34.10
No. of lawyers: 120