Disclosure & confidentiality: “If only we could have a little more transparency”

"If only we could have a little more transparency" is a refrain heard by every licensor, but commercial sensitivities and confidentiality obligations/concerns abound in the FRAND space. Senior associates and IP specialists, Luke Maunder and Naomi Hazenberg,  look at how the British Courts have sought to balance the right to information on comparable licences (and associated information) with the need to protect confidentiality and prevent parties from gaining an unfair competitive advantage for other licensing negotiations. Note: All information was correct at the time of recording.