""The narrative that implementers are somehow losing sleep over not being able to determine the patents they need to license, before they start infringing, is simply not credible.""
"A couple of years ago we wrote about how the European Commission (EC) was using concerns over an alleged lack of "transparency" and "hold-up" to justify a proposed regulatory framework for governing patents subject to declarations regarding Fair, Reasonable and Non-Discriminatory (FRAND) licensing, which proposed framework was abandoned earlier this year."
"Somewhat late to the party, the UK Intellectual Property Office (UKIPO) launched a consultation on standard essential patents ("Consultation") in July of this year, with the stated goal of creating "a more balanced system that works for everyone involved - from the innovators who create patented technologies to the businesses that use them to create products we all depend on" (see Ministerial foreword; emphasis added)."
The European Commission cited alleged lack of "transparency" and "hold-up" to justify a proposed FRAND regulatory framework for standard-essential patents, though that framework was later abandoned. The U.S. Commerce Department and USPTO issued a joint notice addressing standards and raising similar concerns for SMEs. Harfang IP submitted comments to the U.S. initiative. The UK Intellectual Property Office launched a consultation on standard-essential patents aiming to create a more balanced system for innovators and implementers while emphasizing SME interests. The narrative that implementers cannot determine necessary patent licenses before infringing is presented as not credible.
Read at IPWatchdog.com | Patents & Intellectual Property Law
Unable to calculate read time
Collection
[
|
...
]