PMAC Establishes Working Group to Develop FRAND Guidelines

The Patent Mediation and Arbitration Centre established a PMAC FRAND Guidelines Working Group to develop guidelines providing non-binding guidance and best practice recommendations for proceedings involving disputes concerning fair, reasonable and non-discriminatory (FRAND) licensing terms.

The Working Group will be chaired by Simon Dack, Member of the PMAC Expert Committee, and will bring together 12 additional recognised experts in the field of standard essential patents (SEPs) and FRAND determinations. Please see their names in the attached Decision.

The Working Group has been established pursuant to the PMAC Arbitration Rules, PMAC Mediation Rules and PMAC Rules on Expert Determination, which refer to guidelines for FRAND disputes. Its mandate is to develop practical guidance aimed at promoting consistency, efficiency and best practices in the resolution of FRAND-related disputes before the PMAC.

As part of the drafting process, the Working Group will prepare an initial discussion paper and invite relevant stakeholders, including SEP holders and implementers, to provide comments and suggestions. Stakeholders will have the opportunity to submit their feedback on the discussion paper and, at a later stage, participate in a subsequent consultation on the draft Guidelines.

Aleš Zalar, Director of the PMAC, stated:
"The establishment of the FRAND Guidelines Working Group marks an important step in developing practical guidance for the resolution of increasingly complex SEP and FRAND disputes. We are grateful to the distinguished experts who have agreed to contribute their knowledge and experience to this initiative."

The PMAC FRAND Guidelines are intended to support parties, arbitrators, mediators and experts involved in FRAND disputes by providing a transparent and consistent framework while preserving the flexibility required for individual cases.