In accordance with the agreement of the council of ministers of 23 february 2021 for improving the process of negotiation and mainstreaming the right of the european union to the domestic legal order, it proceeded to query the proposal to the european parliament and council regulation on patents essential for rules and amending council regulation (EU) 2017/1001 of the european parliament and council.

The interaction between patents and normalization activities is important for innovation and economic growth. The rules guarantee the functioning of sophisticated technologies, interoperability between products, as well as related dissemination of these technologies to businesses and consumers. Patents, in contrast, protect the holder for technology, which has the legal right to limit or prevent the use of such technology, and choose how and who to grant licences. This interaction between the two originates within an organization for standardization. So, to a standard contains technology protected by patent rights, the holders of these rights, in addition to make a statement to be essential – that, on the other hand, are based on self-assessments of the holder, are not subject to scrutiny by an independent agency have signed an undertaking to license their patents in conditionsFRAND. If the patent holder assumes the commitment to grant licences in conditionsFRAND, may not refuse the granting of licenses of its patent any interested party (“ executor ” or “ implementor need ”) that is willing to be licensee in these terms accepted the compromise.FRANDby the patent holder, this becomes essential (PEN or essential patent for the rule) to manufacture products or provide services according to rule on the one that is integrated. However, there are often mutual accusations of PEN holders and executors. On the one hand, the first claim that their rights are being infringed by executors not participating in negotiations in good faith to the granting of licences. On the other, the latter accusing the holders of PEN to implement a royalties from excessive licensing, patent shaky. Disputes and delays in the negotiations on the conditionsFRANDbetween implementers and holders of PEN could ultimately slow down the widespread use of key standard, which in turn could hinder the development of interconnected products in europe and ultimately to affect the economic competitiveness of the union.

The proposal aims to:(i)Ensure that the end-users, including small businesses and consumers of theEU, will benefit from products based on the latest standard technologies at reasonable prices;(ii)MakeEUan attractive place for innovation and development of standards;(iii)Ensure that both headlines as executors ofSEPs(standard essential patentsby its title in english) of theEUin the innovateEU, manufacture and sell products in theEUand competitive global market. In particular, the aim is to facilitate negotiations for the licensing ofSEPboth headlines as the executor, reducing current uncertainties about the level of exposure toSEP(who) and the proceeds of research and development (holdersSEP); which will also reduce transaction costs.

Will only be considered the comments in which the sender is identified.

In general the replies shall be regarded as non-confidential and, consequently, broadcasting. The parts of the information you want to be considered as confidential shall be specifically identified and delimited in the text itself, motivating the reasons for such qualification.

Propuesta de Reglamento SEPS [PDF] [755.16 KB]

Proposal for a Regulation on SEPS [PDF] [833.95 KB]