Unprepared, unable and unwilling to deal with FRAND licensing of SEPs in Taiwan

• Main Author: LIU, Kung-Chung
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2019
• Subjects: Asian Studies; Intellectual Property Law; International Law
• Online Access: https://ink.library.smu.edu.sg/sol_research/3144; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=alma99661208602601&context=L&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Local%20Search%20Engine&isFrbr=true&tab=Everything&query=any,contains,SEPs,%20SSOs%20and%20FRAND:%20Asian%20and%20global%20perspectives%20on%20fostering%20innovation%20in%20interconnectivity&sortby=date_d&facet=frbrgroupid,include,9023576039624346864&offset=0
• Institution: Singapore Management University

Due to its unique position in the global ICT value chain, Taiwan is prone to controversies surrounding the FRAND-licensing of SEPs. However, in the last two decades, Taiwan has been unprepared and unable to deal with them. Recently, the belated decision of the Taiwan Fair Trade Commission (TFTC) to fine Qualcomm, the SEP patentee at the epicenter, and then the abrupt decision of the TFTC to settle with Qualcomm signals its unwillingness to enforce the Fair Trade Act whenever some investment projects and committed engagement could enhance the macro economic interests and public interests by enhancing the semiconductor industry, mobile communications and 5G technology in Taiwan. Both the decisions to impose a fine on and to settle with Qualcomm are flawed in many aspects. This chapter examines the development path and mistakes made and strives to provide suggestions on how the TFTC can improve its handling of this important topic for the ICT sector.