| Author (Corporate) | European Commission |
|---|---|
| Series Title | COM |
| Series Details | (2017) 712 final (29.11.17) |
| Publication Date | 29/11/2017 |
| Content Type | Policy-making |
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Background information: Standards ensure that interoperable and safe technologies are widely disseminated among companies and consumers. Patents provide R&D with incentives and enable innovative companies to receive an adequate return on investments. Standards frequently make reference to technologies that are protected by patents. A patent that protects technology essential to a standard is called a standard-essential patent (SEP). SEPs therefore protect technologies that are essential for complying with technical standards and for marketing products based on such standards. The evidence suggests that the licensing and enforcement of SEPs is not seamless and may lead to conflicts. Technology users accuse SEP holders of charging excessive licensing fees based on weak patent portfolios and of using litigation threats. SEP holders claim that technology users 'free ride' on their innovations and consciously infringe intellectual property rights (IPR) without engaging in good faith licensing negotiations. In its April 2016 Communication on Standardisation Priorities for the Digital Single Market, the Commission identified three main areas where the SEP licensing environment could be improved. There is a need for a clear, balanced and reasonable policy for Standard Essential Patents in the EU with the aim of contributing to the development of the Internet of Things and harnessing Europe's lead role in in this context. This Communication was released as part of a package of measures on intellectual property rights, the framework of which is explaine by the Communication below. + Communication on 'A balanced IP enforcement system responding to today's societal challenges' [COM(2017)707] The European Commission published on 29 November 2017 a Communication drawing on the responsibility of stakeholders in the context of licensing regarding Standard Essential Patents (SEPs). |
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| Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2017:712:FIN |
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| Subject Categories | Internal Markets |
| Countries / Regions | Europe |
