Context:
- Numerous patent enforcement actions are presently pending against video streaming services (see, e.g., August 5, 2026 ip fray article).
- The Munich I Regional Court’s 7th Civil Chamber (Presiding Judge: Dr. Oliver Schoen (“Schön”)) released new guidelines on fair, reasonable, and non-discriminatory (FRAND) licensing terms last week (August 14, 2026 ip fray article).
What’s new: The guidelines contain a passage on video streaming services that gives an indication as to what royalty demands may be deemed FRAND in Munich. Based on the present subscription prices of Netflix and Disney+, the aggregate monthly per-subscriber royalty burden could be
- €0.63 for a standard Netflix subscription,
- €0.49 for a standard Disney+ subscription,
- €1.05 for a Netflix premium subscription, and
- €0.84 for a Disney+ premium subscription.
Direct impact: The guideline are not legally binding, but they do serve as a useful indication of what royalty demands streaming service providers may have to accept in Munich in order to avoid injunctive relief.
Wider ramifications: The availability of injunctions in Munich may encourage video patent holders to stand their ground in negotiations where their royalty demands are reconcilable with the Munich court’s 7th Civil Chamber’s aggregate royalty burden (ARB) figures.
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Panel
Presiding Judge Dr. Oliver Schoen (“Schön”; March 30, 2026 ip fray interview), Judge Dr. Florian Schweyer, and Judge Katalin Tözsér.
