Wanted: experts on SEP licensing and FRAND

The following is an excerpt from an article that appeared in World Intellectual Property Review on the 12th of September 2018. The author, Adrian Howes, is head of IP and standards, IP regulatory affairs at Nokia.

European Commission’s (DG Grow) new SEP licensing expert group must seek consensus

[Brussels: Thursday, 5 July 2018] Francisco Mingorance, Executive Secretary of IP Europe, commented on the launch of DG Grow’s terms of reference for its new ‘expert group on licensing and valuation of standard essential patents’[1], saying:

PRESS RELEASE: France Brevets and IP Europe aim to lead European SME entrepreneurs through the ‘innovation valley of death’

‘European Patent Factory fund’ and ‘expert advisory partnership’ to be launched in 2019

PRESS RELEASE: Specifications for the 5G cellular network released

 ‘Next generation’ wireless network to enable a radical increase in up and download speeds, and new applications that require ‘real-time’ response

PRESS RELEASE: PIMEC and IP Europe collaborate to ensure 'benefit from innovation'

PIMEC, the association representing micro, small and medium-sized enterprises (SMEs) in Catalonia has joined forces with IP Europe, the European alliance of IPR and R&D-intensive companies and research institutes, to further support SMEs and share critical information on innovation, Intellectual Property (IP), patents and IP protection.

pimec1

IP Europe welcomes innovation and investment friendly Council Conclusions on Intellectual Property and wireless open standards

Member States urged to promote European strategic interests and industrial leadership in 5G, including through the new EU framework for foreign investment screening.

IP Europe welcomes the European Commission Communication on Standard Essential Patent (SEP) licensing

Reacting to the adoption of the Communication on SEP licensing, Francisco Mingorance, Executive Secretary of IP Europe, said:

PRESS RELEASE: US Department of Justice provides guidance for a balanced approach of competition law towards standard development organisations and FRAND licensing

[Brussels: 16 November 2017] IP Europe welcomes the recent comments made by the US Assistant Attorney General, Makan Delrahim, on the role of antitrust law in the context of standard setting organizations, or SSOs.

PRESS RELEASE: ‘License to all’ will freeze innovation and destroy high tech jobs in 5G and IoT in Europe

A reinterpretation of the 2011 Horizontal Cooperation Guidelines through a Communication on 5G and IoT is unwarranted, and will have global effects stalling all licensing negotiations, triggering more patent hold-out and litigation, while high-tech jobs leave Europe.

EARTO, the European Association of Research and Technology Organisations, voices key concerns on EC plans towards a new Communication on SEPs

EARTO's newly published position paper provides input to the European Commission's discussions on the licensing of standard essential patents. Among the main concerns, EARTO lists the following: