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November 9, 2017 | European news

EARTO Publishes New Paper on the EU Licencing Framework for Standard Essential Patents

In the frame of the discussions on the licencing framework for Standard Essential Patents (SEPs) and the European Commission’s project of Communication on this topic, EARTO hereby provides input to the debate with its new paper, summarising the key concerns of its Legal experts.

Indeed, any unbalanced approach taken in the frame of this Communication would discriminate against IP rights’ holders and therefore harm the European knowledge creation and technology transfer processes, crucial for innovation-led growth and job creation in Europe. With this paper, EARTO calls on the European Commission to ensure that its new Communication would not bring any additional risks and uncertainties in the Digital Single Market (DSM). Today, it is of utmost importance to ensure unity of all EU stakeholders towards a common European goal that is the DSM.

In particular, EARTO is concerned with the following:

  1. The perceived problematic interactions between patents and standards are overestimated,
  2. Applying the concept of “licence for all” would considerably disturb the existing value-chain and would risk lowering the prices of licences for SEPs,
  3. The established framework of international treaties, regional and national jurisprudence, and commercial norms is underestimated,
  4. here is no focus on the European innovation ecosystem and protecting European knowledge-based economy and interests,
  5. Open Source Software is not suitable as a generic replacement for the existing IP-based standardisation processes as conducted by Standard Setting Organisations (SSOs),
  6. Setting up ex-ante patent pools to avoid problems that have been over-evaluated is not a viable solution,
  7. The global weakening of the IP system that this Communication would induce would considerably endanger innovation processes.

EARTO hopes that these key concerns will be appropriately addressed and that this paper will actively feed into the ongoing discussions on the licencing framework of Standard Essential Patents. EARTO and its Legal experts remain at the EC services’ disposal to further discuss this crucial topic.

EARTO Paper on the EU Licencing Framework for Standard Essential Patents

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