Other Policy Issues
If you would like to learn more about IP Europe’s views, click on the titles to access our position papers in full:
‘One price for all’ – an unfair and regressive approach
Licensing practices based on Fair, Reasonable and Non Discriminatory terms work: they are proven. In light of this, there is no justification for government regulations that would mandate the same royalty rate to be paid to a patent holder for all products and applications that use their invention; such price regulation is inappropriate, contrary to market-based economics and would undermine the open standards ecosystem.
Why ‘license to all’ could be a license to kill innovation in Europe
The EC has called for a balanced, fast, predictable, efficient and enforceable licensing approach that ensures a fair return on investment for patent holders and enables fair access to patents for all participants in the value chain. A ‘license to all’ policy goes against those objectives and could have a serious negative effect on technology innovation in Europe and impact on the emergence of Europe’s Digital Single Market.
Making enforcement rules fit for innovative SMEs
IP Europe calls for updated enforcement rules with a comprehensive SME chapter that reduces their enforcement cost and court fees, provides for full reimbursement of costs by the defeated party; and limits to the guarantees required for SMEs seeking injunctions to protect their investments.
European companies face high legal costs to determine the existence of a patent infringement. Reducing enforcement cost and court fees, particularly for SMEs, is key to ensure that innovators may effectively protect their investments.
Increasing patent quality with key EU trading partners
IP Europe believes that trade agreements, including T-TIP, should promote patent quality and limit onerous forum shopping or rules that encourage patent “trolling” like in the US.
All EU Trade agreements should apply the loser-pays principle without limitations. This is particularly important for innovative SMEs who face prohibitive legal costs before US courts.
Accelerating the entry into force of the Unified Patent Court (UPC Agreement)
IP Europe forcefully supports for the rapid entry into force of the UPC agreement. The Unified Patent Court will offer a carefully balanced solution reflecting the fundamental principles of proportionality, flexibility, fairness and equity embodied in European law.
The UPC will deliver efficient, high-quality decisions enforcing valid patents or revoking invalid patents throughout Europe while discouraging frivolous patent infringement threats.
European IP Standardization Policies
The standard development system in Europe is vibrant. It supports innovation and yields significant benefits for industry and consumers alike. Strong patent protection is needed to continue incentivizing innovators, among which figure many leading European companies, to maintain and increase their R&D and standardization efforts in technologies that will improve the life of citizens. In a world dominated by rapid technological change, it is essential to ensure that innovators engaged in standardized and non-standardized industries are compensated for their investments and efforts. There are no reasons why large manufacturers based in Asia or the United States should be allowed to acquire for free innovative technologies developed at great costs by our industry leaders.