FRAND only applies as a legal principle of the patent in question is part of an industry standard. So a Samsung patent that got incorporated into the UMTS should become a FRAND patent. The rules do vary from standards body to standards body.
Google has argued that industry-common patents, not just industry-standard patents, should fall under FRAND terms as well. In other words a patent that enables multitouch gestures is so essential to modern smartphones that you can't compete without it.
I'm still ambivalent on the whole patent question, though I'm intrigued by the idea of making all patents licensable under FRAND terms.
FRAND terms in this case can only be "reasonable" and "nondiscriminatory" if they also account for copyleft, ceative commons, and open source implementations.
Google has argued that industry-common patents, not just industry-standard patents, should fall under FRAND terms as well. In other words a patent that enables multitouch gestures is so essential to modern smartphones that you can't compete without it.
I'm still ambivalent on the whole patent question, though I'm intrigued by the idea of making all patents licensable under FRAND terms.