| Our European vision is a positive one: we seek to promote fairness to all market participants, ensuring that European approaches benefit market participants in Europe, and as part of the international business community. The scope of the workshop will be to define a set of recommended best practices for licensing SEPs, in particular to benefit new sectors and verticals poised to recognize the new benefits associated with 5G and IoT adoption. These best licensing practices will aim to foster investment in, and rapid adoption and proliferation of, new and existing technologies enabling the IoT across consumer and enterprise use cases. It is anticipated that such best practices will address, and offer a positive way forward on a variety of issues surrounding SEP licensing including: - The background and history of the FRAND commitment, and the key competition law concerns requiring fair licensing of SEP technologies. - The conduct expected of licensors that have made a FRAND promise, and how licensees can and should behave to promote a FRAND outcome to negotiations. - Use of injunctions following the CJEU decision in the case of Huawei vs. ZTE (case C170/13), the decisions of DG Competition, and the decisions and guidance of other European and international authorities. - FRAND¿s requirement of licensing to any and all that seek a license, such as set forth in the ETSI IPR Policy, and how efficiency considerations favor licensing at upstream levels of the supply chain. - The long history of FRAND licensing at all levels of the supply chain. - How to determine the value of a standardised technology, and how to separate that from ¿hold up value¿ associated with standardisation. As the patent laws have traditionally required, the value of a patent must be based on the technology it expressly claimed therein, and a patent own |
