HEVC Advance Patent Pool: Where and When is a Royalty Due?

HEVC Advance Patent Pool:
Royalties

A royalty is due upon the Sale of a Consumer HEVC Product or HEVC Content on Digital Media Storage for which an HEVC Standard Essential Patent (listed on the HEVC Advance Patent List) is in force in either the country/territory of Manufacture or the country/territory of Sale.

If there are no patents in force in both the country/territory of Manufacture and the country/territory of Sale, then no royalties are due for Consumer HEVC Products or HEVC Content on Digital Media Storage Sold in that country/territory.

Royalty Rate Structure

The HEVC Advance Royalty Rates can be found here

Geographic Rate Differentials: Stated rates apply based on the country/territory in which the Consumer HEVC Product and HEVC Content on Digital Media Storage is Sold to an End User.

Royalty reduction (50% discount): If the First Sale is in a country/territory in Region 2 (an emerging market), except for certain products Sold at or below $80, where different reduced rates apply.

Region Definitions:

  • Region 1 = U.S., EU, UK, Japan, S. Korea, Australia, New Zealand, etc.  See a complete list of countries/territories here
  • Region 2 = All countries/territories outside of Region 1

Royalty rates shown include separate and non-additive discounts for being In-Compliance(1) and for using the HEVC Advance Trademark Logo.

Standard Rates (i.e., non-discounted rates) apply if the Licensee or its Affiliates are not In-Compliance.

All profiles in Versions 1-9 + Optional Features are included in a single per-device royalty.

Royalty Rate Renewal Term Increase Cap:  Royalty rates and caps will not increase more than 20% for any Renewal Term.

Annual In-Compliance Royalty Caps

Multiple Cap Product Categories:  Separate caps apply to Mobile Devices, Connected Home and Other Devices (excluding certain HEVC Software), 4K UHD+ Television/Displays, and HEVC Content on Digital Media Storage.

Single Enterprise Cap:  An additional cap applies to aggregate royalties due for all product categories (excluding certain HEVC Software).

Affiliates:  All Affiliates included under a Licensee’s Patent Pool License (PPL) receive the benefit of the caps.

In-Compliance Requirement:  Caps apply only during those quarterly reporting and payment periods in which a Licensee and its Affiliates are In-Compliance.

Annual Reset:  All caps reset annually on January 1 of each year.

Standard Rates:  If royalties are payable at Standard Rates, the caps do not apply.

Annual Enterprise Credit

An Annual Royalty Credit of $25,000 applies to all Enterprises that owe royalties and are In-Compliance.

The credit is provided in four equal quarterly installments of $6,250 each.

Unused credit amounts do not carry over to future quarters.

Duplicate Royalties

Access Advance and its HEVC Licensors have issued a Duplicate Royalty Policy to address and resolve the issue of duplicate royalties that may arise with certain HEVC Advance Licensees due to multiple program licenses, such as exists with the HEVC Advance and Via LA HEVC licensing programs.  An explanation of this policy can be found here.

Footnotes:

(1) In-Compliance means compliance with all the provisions and obligations provided in the Licensee agreements for the Licensee and its Affiliates under the agreements.