The EU’s evolving framework for standard-essential patents

Part I: Can injunctions be fair, reasonable, and non-discriminatory?

27 September 2021 at 15h CET

Register here

Standardised technologies are a key component of the modern economy. With billions of devices connected through internet of things (IoT) technologies, new avenues of growth open every day for innovative firms. However, a roadblock to the uptake of these technologies is the licensing of patents that are included in and essential to those standards which are so critical to interoperability and competition across consumer and enterprise IoT verticals.

The fair, reasonable, and non-discriminatory (FRAND) commitment to which standard-essential patent (SEP) holders agree when submitting their patented technology to a standardisation process is a crucial pro-competitive tool that provides a key safeguard for using the standard itself. However, systematic threats of, and lawsuits seeking, injunctions by abusive SEP holders go against the voluntary FRAND commitments made by those same SEP holders. Unfortunately, ambiguities in the meaning of that FRAND commitment sustains confusion amongst courts across Europe, standard-setting organisations, and the community of those who rely on fair access to standards to innovate. Those ambiguities have also spurred disparate (and increasingly anti-competitive) approaches by those who license SEPs.

To talk about these issues and how they affect small innovative businesses, the App Association is launching an online webinar series. Join us for our first event, addressing the important issue of the availability of injunctive relief in the context of SEPs and in light of the FRAND commitments made by SEP holders and European legal foundations. We’ll also discuss ways the EU can provide an improved legal framework for SEPs to prevent licensing abuses.

Agenda

Opening Guest Speaker 

Marion Walsmann, Member of the European Parliament and Rapporteur of Intellectual Property Action Plan Report (pre-recorded)

Panel

Rafał Sikorski, Professor of Law, Adam Mickiewicz University in Poznań

Maurits Dolmans, Partner, Cleary Gottlieb Steen & Hamilton LLP

Ralf Scheibach, Head of Legal Department, German Association of the Automotive Industry

Michael Schlögl, Head of IP SEP, Continental

Moderator

Brian Scarpelli, Senior Global Policy Counsel, ACT | The App Association

Q&A session

Closing remarks

Coming up

Part II: FRAND methodologies for SEPs valuation – Date to be confirmed

Part III: Evaluating essentiality, validity and infringement – Date to be confirmed