IEEE royalty rate fixing would probably breach EU competition law

Article by Professor Nicolas Petit, published on

Let's keep Europe innovating!

We are accustomed to assume that companies taking the risk of creating new technologies can get a fair return on investment while manufactures that license the technology on Fair and Non – Discriminatory ( FRAND ) terms can make products without having to invest in their own risky R&D. But lately there have been attempts to waken FRAND in ways that would discourage invention companies’ participation. The result would be proprietary technology platforms that offer consumers little choice instead of standardization, and that would dash European hopes for the digital single market. We hope policy maker will recognize the danger of upsetting a balanced, fair-for-all FRAND-based open standards system that produced some of the most profound advances in the history of humankind and kindled widespread economic growth.

Launch of IP Europe in the press

The European media reported about the lanch of IP Europe. Please find below links to some news articles: 

European Commission facilitates SME's access to public contracts

On 5 January, the European Commission adopted the European Single Procurement Document (ESPD) reducing considerably the administrative burden for companies, especially SMEs who want to have a faire chance to win a public contract. The ESPD will apply in each and every Member States. A more global public procurement reform will enter into force on 18 April 2016.

Peiker Acustic joins the Fair Standards Alliance

The Fair Standards Alliance, advocating in favour of the IEEE's IPR policy changes (reducing SEP's royalities by changing their calculation rate and prohibiting SEP patent holders from using injunctive measures) welcomed a new member: Peiker Acustic.

The Risks of Applying FRAND Calculations to Non-SEPs

A recent article written by two US patent attorneys, Stephen Schott and Richard C. Hsu, highlights the recent discussion about the risks of applying the fair, reasonable and non discriminatory (FRAND) royalty rates, usually awarded by the US courts for standard-essential patents, to patents that are not essential to a standard.

Ten ways businesses and innovative SMEs can benefit from patents other than by practising them

4 IP Council, an IP friendly think tank comprising academics, former high-level EU officials and leading technology inventors in Europe, sees creativity and inventiveness as a right to be protected and rewarded. 4 IP Council just published a briefing illustrating the multiple functions and benefits of patents. 

US App Association sponsored by IEEE IP free-riders joins FRAND fray on standard-essential patents

ACT, The App Association, representing more than 5000 app companies and information technology firms in the mobile economy, and notably sponsored by Apple, Facebook, Intel and Microsoft, recently announced a new web resource called “All Things FRAND” supported by significant. ACT is headquartered in the U.S. but is also active abroad. All things FRAND is a web repository for academic articles, legal cases, agency guidance, and other writings about FRAND licensing. More                                                                                                                                                     

EVENT: on November 29, SME's innovation, Intellectual Property Rights, Data Protection and EU Funding to be discussed in Berlin

Meetup organises on November 29 in Berlin a discussion on Patent, Innovation Funding and Data Protection.

EVENT:  9 to 11 December 2015 -  ETSI organizes M2M Workshop

ETSI organises a workshop on 5G topics and more specifically the machine to machine capabilities and the Internet of Things. This event is relevant for all SMEs having interest in the 5G standards settings.