Level of expertise:
Advanced
Author:
Knut Blind, Nikolaus Thumm, Emilio Davila-Gonzalez, Anne von Zukowski, Agnieszka Kupzok, Roderick Allen McConnell, Matthias Schneider, Mirko Böhm, Patrick Hofkens
Date of publishing:
27 June 2024

Background

With its vote of 28 February 2024, the European Parliament supported the EU Commission's proposal (COM(2023)0232) for a regulation on standard essential patents (SEPs)). Despite the stark criticism of the draft Regulation – particularly from the SEP holders – the European Parliament is not proposing any fundamental changes. The draft Regulation is now under review by the Council of the European Union. Once the Council presents its position, with potentially further requests for changes to the draft, the interinstitutional negotiations between the EU Commission, Council and EU Parliament ("trialogue") will follow.

This newly proposed regulation aims to streamline SEP licensing by enhancing transparency, reducing information asymmetries between SEP holders and implementers, and facilitating agreements on fair, reasonable, and non-discriminatory (FRAND) licenses. A notable feature of the proposal is the establishment of a competence center at the EU Intellectual Property Office (EUIPO), which will manage a registry and database for SEPs. SEP holders will be required to register their SEPs, which will undergo essentiality checks. The setting of an aggregate royalty and conciliation will also be offered by the EUIPO.

While the initiative has received broad support from stakeholders and academics for its potential to increase transparency, it faces opposition from major SEP holders and other interested parties. The webinar will explore these developments, discuss their implications, and answer your questions about how these regulatory changes might impact your business and the broader technology ecosystem.

Agenda

15:00 - Welcome and Introduction by Nikolaus Thumm, TU Berlin (event moderator)

15:10 - Introduction of StandICT by Emilio Davila-GonzalezDG Connect and StandICT Academy by Knut Blind, Fraunhofer ISI 

15:25 - Presentation of the SEP regulation by Anne von Zukowski, DG GROW 

15:45 - Intervention by stakeholders:

  • Agnieszka KupzokNOKIA
  • Roderick Allen McConnellCONTINENTAL
  • Matthias SchneiderFormer AUDI
  • Mirko BöhmLINUX Europe
  • Patrick HofkensERICSSON

16:35 - Discussion 

16:55 - Conclusion and next steps 

Useful links

The author of this content

Nathaniel Cueter

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