[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.
Mr Delrahim’s comments, made at USC Gould School of Law’s Center for Transnational Law and Business Conference last Friday, focused particularly on the importance of supporting innovation in standards and the use of anti-trust law in respect of licensing of Standard Essential Patents (SEPs), while noting the risk of collusive behaviours by both technology implementers and innovators within SSOs.
Recognition by Mr Delrahim of the importance of IPR and open standards technology, which enable the Digital Single Market and probably the most complex system created by mankind – the mobile and fixed communication system we all use everyday – is highly welcome.
Coincidentally, Mr Delrahim’s speech, was made on the same day that the European Commission was discussing new guidelines and European industrial policies licensing SEPs for 5G and Internet of Things cellular standards.
Francisco Mingorance, Executive Secretary of IP Europe, said: “We wholeheartedly welcome this signal from the DOJ that they will prioritise the safeguarding of longstanding FRAND principles against recent coordinated action of some implementers. In Europe, a decision to abandon this Communication – or to bring it back into line with its initially stated goals – can protect innovation, R&D investment, high-tech jobs and European leadership in 5G and IoT open standards.”
Some highlight quotes from Mr Delrahim’s speech:
Please find the full text here:
About IP Europe
IP Europe brings together R&D intensive European companies and research institutes committed to innovation, from SMEs to global enterprises and non-profit research entities operating in a variety of industrial sectors. They all share a common goal: to maintain, at all policy levels, strong patent protection for innovators and support recognized fair, reasonable and non-discriminatory standardisation policies adopted by consensus that preserve fair compensation for innovators. IP Europe supports the use of Injunctive Relief against patent infringers and free riders that rely on R&D investments made by others to earn higher profits.
IP Europe was originally launched by Ericsson, Airbus and France Brevets. The Fraunhofer Gesellschaft participates in IP Europe in its capacity of academic advisor.
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