The WIPO Model Submission Agreements

The WIPO has published model submission agreements for the arbitration of disputes involving commitments to license patents under “fair, reasonable and non-discriminatory” (FRAND) terms. These model submission agreements provide for flexible arbitral procedures based on the standard WIPO arbitration rules, but surprisingly refrain from setting out rules and procedures specifically tailored for FRAND disputes. This preference for flexibility over tailored rules can be explained as resulting from tensions inherent to the standard setting process.

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