Federal Trade Commission May 13, 2011 – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission seeks public comments in connection with a project to examine the practical and legal issues arising from the incorporation of patented technologies in collaborative standards, including the risk of patent ``hold-up'' and its effect on competition and consumers. Among the topics to be considered are the disclosure of patent rights during the standard- setting process, the implications of a patent holder's commitment to license users of the standard on reasonable and non-discriminatory (``RAND'') terms, and the possibility of negotiating license terms prior to choosing the standard. The Commission seeks the views of consumers and the legal, academic, and business communities on the issues to be explored in this project. As part of the project, the Commission will conduct a workshop and may prepare a report discussing these issues. This notice poses a series of questions relevant to those issues for which the Commission seeks comment.