After her well-publicised dissent in the recent report from the EC's group of experts on SEPs, it has been interesting to read Monica Magnusson's interview with @IAM_Alerts on her reasoning.
It is, indeed, clear that the expert group's decision not to agree a single problem statement (there were attempts to do so) has contributed to the smorgasbord of options that has now resulted. However, of more interest is the view taken on the 'three principles' the expert group felt the EC should endorse: (i) licensing at a single level in the value chain; (ii) a uniform FRAND royalty irrespective of the licensing level; and (iii) the ability to pass a FRAND royalty down the value chain.
These principles are said to oversimplify the problem, but equally it is accepted that it is in the detail that conflict arises, and consensus is likely only possible at a high level of abstraction. Hopes for the future seem high, but it is also clear is that any development in SEP policy is likely to come slowly.
FRAND can’t be too precise because then it will not be flexible enough to encompass all of the different shapes and forms we’ll see in the future. And it’s a part of human nature if you go too detailed you’re going to find a lot of disagreement whereas at a higher level there’s a lot of common ground to be found.