TU Berlin Virtual Conference
This virtual confernce gathered worldwide experts discussing the interoperability in the digital age as it requires a balanced framework for licensing of standard essential patents. All interests, the interests of right holders and of technology implementers but also the interest of the society at large have to be taken into consideration. To ensure that Europe is well positioned in today´s competitive global environment, it requires a smooth and balanced functioning of standards that comprise patented technologies.
- What is the role of SEPs for interoperability in the digital age?
- What are the newest policy actions on SEPs in Europe?
- What are the most important SEPs related policy challenges for Europe in the next future?
Thematic panel I: Institutional challenges: feasibility of essentiality tests
Standard essential patents are based on the self declaration made by right holders on the “essentiality” of their patents to implement the standard. The European Commission encourages in its communication on standard essential patents the introduction of an appropriate scrutiny mechanism for SEPs to increase transparency with SEPs and to remove unnecessary barriers in the market for licensing of SEPs.
- Which entities are best placed to perform essentiality checks?
- What should be the legal status of an assessment based on a scrutiny mechanism?
- Within a new scrutiny mechanism what is a reasonable level of fees to be charged for carrying out tests and who should pay for it?
- How should the process of setting up a mechanism be started and institutionalized?
Thematic panel II: New SEPs licensing practices
Today there are many more owners of standard essential patents and technology implementers with different business models and a larger variety of licensing practices. Increases in SEPs owners, implementers, and practices can be linked to the evolution of more complex technologies, the multifunctional integration of different technologies and the development of specific services and applications that go beyond initial purpose functions. Traditionally, the public interest and court cases focus on the definition and application of fair, reasonable and non-discriminatory (FRAND) licensing terms.
- What are the main challenges for SEPs licensing in the next future?
- Is the FRAND licensing framework the appropriate way to address these challenges?
- Which entities are best positioned to determine FRAND conditions?
- What are the specific needs of the practical operation of SEPs licensing to be best prepared for future challenges?
Video Recording and Presentation Slides
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