A New Approach to FRAND Royalty Determination in IoT Value Chains: Insights from Connected Cars

Abstract

AbstractThe complexities surrounding connected cars, especially the integration of Telematics Control Units (TCUs), intensify uncertainties within their value chains. Disputes arise regarding rightful licensees and applicable rates. Standard Essential Patent (SEP) holders push for royalties from end-product manufacturers, pegged to final product prices. Conversely, manufacturers and suppliers argue for licensing directed at suppliers, restricting royalties to the TCU’s price. This discord unfolded in the legal tussle involving Nokia (SEP holder), Daimler (car manufacturer), and its supplier, litigated in German courts. This context underscores the significance behind the EU Commission’s proposal on SEP licensing issued in April 2023. Addressing escalating disputes and uncertainties surrounding Fair, Reasonable, and Non-Discriminatory (FRAND) royalty rates, the proposal aims to establish transparency and predictability in SEP licensing. In our study, we have devised a proposal aimed at reshaping this landscape. We challenge the conventional linkage of SEP royalties solely to end-product prices within intricate value chains. Instead, we advocate tying SEP royalties to the economic value attributed to the SEP, specifically focusing on connectivity within Internet of Things (IoT) applications. Our proposal suggests granting licences to the party responsible for designing the IoT component, irrespective of its role in the value chain. This functionalistic approach also proposes establishing the royalty base through technical, measurable factors like data consumption. This model offers objectivity in determining FRAND rates, potentially fostering constructive negotiations and offering environmental benefits.