Highlights
Filipe Gomes publishes article on the recovery of supra-FRAND royalties
30 June 2026
in Kluwer Patent Blog
Filipe Gomes, Senior Associate, examines in a new article published by the Wolters Kluwer Patent Blog and referenced by The IPKat whether implementers can recover royalties paid above FRAND levels in situations involving negotiating pressure or legal uncertainty.
Drawing on Portuguese civil law and identifying parallels with German and French law, the article considers four potential routes to recovery: mistake as to the basis of the transaction, usury and partial invalidity, change of circumstances, and unjust enrichment.
The analysis contributes to the ongoing debate on standard essential patent (SEP) licensing, the determination of FRAND terms and contractual equilibrium in the European context.
