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WIPO Expert Determination for FRAND Disputes

Model Submission Agreement

1. “We, the undersigned parties, hereby agree to submit to expert determination in accordance with the WIPO Expert Determination Rules (WIPO Rules) the following matter:

  • [Whether the [patents] [following representative patents1] referred to in the Declaration[s] of [Name[s] of Company[ies]] to [Name of Standard-Setting Organization] are essential to the [list standard(s)]”.
  • [The determination of FRAND royalty rates concerning the [patents] [following representative patents] referred to in the Declaration[s] of [Name[s] of Company[ies]] to [Name of Standard-Setting Organization] and [list standard(s)]].

2. The determination made by the expert shall [not] be binding upon the parties. The language to be used in the expert determination shall be [specify language].”

3. The appointment of the expert shall take place in accordance with the procedure set out in Article 9 of the WIPO Rules. In making such appointment, the WIPO Arbitration and Mediation Center (WIPO Center) shall to the extent possible draw on its list of neutrals for patents in standards.”

1At the time of the conclusion of the expert determination submission agreement, parties have the option to limit the scope of the proceedings to a certain number of patents referred to in the Declaration, or to refer an entire patent portfolio to expert determination. A selection of patents (“sampling”) may also be agreed by parties in the course of the proceedings. Parties further have the option to agree that the scope of the expert determination shall include patents on a reciprocity basis / cross-licensing.

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