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High-Level Reflections on Standard-Essential Patents

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Policymakers, experts, and small businesses reflect on measures needed to ensure a fair and balanced patent system f in the EU.

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This high-level online conference will reflect on recent developments related to standard-essential patents (SEPs) in the European Union, the role of competition law to enforce ‘fair, reasonable, and non-discriminatory’ (FRAND) terms related to SEPs, and the steps that need to be taken to ensure a fair and balanced SEP system for all stakeholders – especially SMEs.

The European Commission will deliver a keynote address outlining its thoughts on the topic of standard-essential patents, and offering participants a glimpse of future policy developments.

Two panels of industry experts, academia, and legal professionals will discuss some of the most debated topics within the industry and the state of the standard-essential patents ecosystem in the European Union.

Participants can expect a robust discussion and rigorous debate. A question and answer session will follow each panel, allowing the audience to interact with the speakers.

Agenda

Opening Remarks - Iban Garcia Del Blanco, Member of the European Parliament

Keynote Address – Slawek Tokarski, Director for Industrial Policy and Innovation, Directorate-General for Internal Market, Entrepreneurship and SMEs (DG GROW), European Commission

Panel Discussion 1 - User-based licensing: a hindrance to innovation?

  • Dr. Rebekka Porath, Policy Director, Intel GmbH
  • Dr. Roya Ghafele, Director, OxFirst
  • Prof. Dr. Joachim Henkel, Schöller Chair in Technology and Innovation Management, TUM School of Management
  • Amedine Metier, Partner, Hoyn Rokh Monegier
  • Sylvie Vollet, Legal Counsel, AirTies Wireless Networks

This panel will explore how use-based licensing, can be a hindrance to downstream innovation with particularly harmful effects for SMEs. The panel will discuss how this methodology of allocating the royalty base as the end-user device captures the value of downstream innovation, unfairly apportioning that value to the patent holder. The panel will elaborate on how other valuation methodologies more accurately and equitably apportion the value of the patented technology within the standard.

Panel Discussion 2 -The antitrust implications in the refusal to license standard-essential patents

  • Jim Beveridge, Innovator’s Network Fellow
  • Brian Wyld, Former CTO, Wyres S.A.S
  • Dr. Frank-Erich Hufnagel, Partner, Freshfields Bruckhaus Deringer
  • Joachim Gerstein, Counsel, Bury GmbH
  • Marianne Frydenlund, Nordic Semiconductor

This panel will explore the history of refusal to license, including the contextual aspects of refusal to license in the past, and the parallels now with the current refusal of Nokia and Avanci to offers licenses in the automotive sector. The panel will discuss the economic implications of ‘have made rights’ and why such a doctrine undermines the Internal Market and is contrary to European fundamental rights. Finally, the panel will discuss the effect of injunctions and how combined with a refusal to license are harmful to the European economy.

Participants will receive the webinar link via email after they have registered for the event.

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