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From · opinion parliamentary committee · 2023-12-05 IMCO-AD-753649 on the proposal for a regulation of the European Parliament and of the Council on Standard essential patents and amending Regulation (EU)2017/1001

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To · opinion parliamentary committee · 2023-12-04 INTA-AD-753729 on the Proposal for a Regulation of the European Parliament and of the Council on Standard essential patents and amending Regulation (EU)2017/1001

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~~SHORT JUSTIFICATION~~

IMCO fully supports the objective of the draft proposal to improve the licensing of standard essential patents (SEPs). Such improvement aligns with our European goals of fostering innovation, enhancing the digital transition, and ensuring that Europe is a frontrunner in new technologies, thereby encouraging the voluntary participation of European businesses in the European standardization process and ensuring the broadest possible implementation of standardized technologies.

SEPs play a pivotal role in the broader objectives of achieving a seamless single market and ensuring Europe's global competitiveness. Their central role in promoting technological innovation aligns with the emphasis on socio-economic recovery and encourages businesses to invest in the research and development of new technologies, which benefits our entire economy. At the same time we should ensure that SMEs, crucial for the Single Market, are not left behind in the technological race, that access to these technologies remains fair, and that patent holders do not abuse their power to hinder competition.

Given this broader context, which underscores the importance of integrating technology, innovation, and fair competition within the European -technological landscape, it is clear that standard essential patents (SEPs) are vital in achieving these goals. The proposal's overarching objective, which is to streamline and improve the licensing of SEPs, is certainly commendable in light of these ambitions. It aligns with the larger vision of fostering a more cohesive, innovative, and competitive European Union. However, while its intentions are in the right direction, specific areas within the proposal need closer examination.

First, the scope of the Regulation should include all SEPs, present and future. Without such inclusivity, the benefits of transparency and reduced litigation will not be fully realized. They will continue to be subject to the issues this regulation seeks to address, including protracted litigation over the appropriate FRAND values for these SEPs. It is, therefore, imperative to extend the scope of application to all SEPs.

Existing SEPs should be allowed to be registered to ensure that legacy technologies remain both accessible and competitive. The current agreement should still be enforceable even if an existing SEP is not registered. It is only upon submission to the register that all related rules should apply. Consequently, Article 24 of the proposal should be revised to eliminate penalties associated with non-registration of these SEPs.

~~Second, both SEP holders and implementers should be able to request checks and determinations, and they should be able to do so with a lower threshold, particularly for SME implementers.~~

In keeping our commitment to transparency and inclusivity, the SEP information database must be accessible to all. While it is understandable to impose fees for specialized checks—like determining a patent's essentiality or FRAND value - the overarching costs for the database's upkeep should fall to the EUIPO. This ensures that a diverse group, from researchers to the general public, can access the information without bearing the financial burden. However, in case of certain type of information in the database, like non-confidential information on FRAND determinations, expert opinions referred to in Article 18 or non-confidential reports of the conciliators, access to it may be subject to the payment of a fee where justified.

Lastly, the draft opinion introduces technical corrections and clarifications to the proposal. In addition to correcting the terminology, this involves clarifying that the mechanisms to determine a SEP's FRAND value and essentiality are separate from the standardization process itself.

AMENDMENTS

The Committee on ~~the Internal Market and Consumer~~International ~~Protection~~Trade calls on the Committee on Legal Affairs, as the committee responsible, to take the following into account:

Amendment 1

Proposal for a regulation

Recital 32

Amendment 2

Proposal for a regulation

Recital 43

Amendment 3

Proposal for a regulation

Recital 54

Amendment 4

Proposal for a regulation

Recital 75

Amendment 5

Proposal for a regulation

Recital 2322

Amendment 12

Proposal for a regulation

Recital 2426

Amendment 13

Proposal for a regulation

~~Recital 25 a (new)~~

Recital 33

Amendment 14

Proposal for a regulation

Recital 3134

Amendment 15

Proposal for a regulation

Recital 3235

Amendment 16

Proposal for a regulation

Recital 3336

Amendment 17

Proposal for a regulation

Recital 3440

Amendment 18

Proposal for a regulation

Recital 3544

Amendment 19

Proposal for a regulation

Recital 3745

Amendment 20

Proposal for a regulation

Recital 4046

Amendment 21

Proposal for a regulation

Recital 4547

Amendment 22

Proposal for a regulation

Recital 4648

Amendment 23

Proposal for a regulation

Recital 4749

Amendment 24

Proposal for a regulation

~~Recital 48~~

Article 1 – paragraph 2

Amendment 25

Proposal for a regulation

Article 1 – paragraph ~~2 – introductory part~~3

Amendment 26

Proposal for a regulation

Article 1 – paragraph ~~2 – point a~~4

Amendment 27

Proposal for a regulation

Article 1 – paragraph ~~2 – point b~~5

Amendment 28

Proposal for a regulation

Article 12 – paragraph 31 – point 1

Amendment 29

Proposal for a regulation

Article 12 – paragraph 41 – point 7

Amendment 30

Proposal for a regulation

Article 12 – paragraph 51 – point 10

Amendment 31

Proposal for a regulation

Article 2 – paragraph 1 – point 116

Amendment 32

Proposal for a regulation

Article 23 – paragraph 12 – point 2f

Amendment 33

Proposal for a regulation

Article 23 – paragraph ~~1 – point 7~~3

Amendment 34

Proposal for a regulation

Article 24 – paragraph 14 – point 11c

Amendment 35

Proposal for a regulation

Article 24 – paragraph 14 – point ~~18 a (new)~~f

Amendment 36

Proposal for a regulation

~~Article 2 a (new)~~

Article 5 – paragraph 2 – point d

Amendment 37

Proposal for a regulation

Article 35 – paragraph 2 – point ag

Amendment 38

Proposal for a regulation

Article 35 – paragraph 2 – point ch

Amendment 39

Proposal for a ~~regulation~~Regulation

Article 36 – paragraph ~~2 – point f~~1

Justification

Data expressed by numerical values such as royalty rates, product volumes, etc cannot be reduced to a non-confidential form.

Amendment 40

Proposal for a regulation

Article 37 – paragraph ~~2 –~~1 ~~point~~a h(new)

Amendment 41

Proposal for a regulation

~~Article 3 – paragraph 3 a (new)~~

Article 8

Amendment 42

Proposal for a regulation

Article 412 – paragraph ~~3 – point i~~1

Amendment 43

Proposal for a regulation

Article 412 – paragraph ~~4 –~~2 ~~point~~a c(new)

Amendment 44

Proposal for a regulation

~~Article 4 – paragraph 4 a (new)~~

Article 15

Amendment 45

Proposal for a regulation

~~Article 5 – paragraph 1~~

Article 16

Amendment 46

Proposal for a regulation

~~Article 5 – paragraph 2 – introductory part~~

Article 17

Amendment 47

Proposal for a regulation

~~Article 5 – paragraph 2 – point c~~

Article 18

Amendment 48

Proposal for a regulation

Article 519 – paragraph ~~2 – point d~~1

Amendment 49

Proposal for a regulation

Article 519 – paragraph 2 ~~– point k~~

Amendment 50

Proposal for a regulation

Article 522 – paragraph 3

Amendment 51

Proposal for a regulation

Article 622 – paragraph 14

Amendment 52

Proposal for a regulation

Article 723 – paragraph ~~1 – introductory part~~3

Amendment 53

Proposal for a regulation

Article 723 – paragraph 14 – ~~point~~introductory apart

Amendment 54

Proposal for a regulation

Article 723 – paragraph ~~1 – point b~~5

Amendment 55

Proposal for a regulation

Article 726 – paragraph ~~1 a (new)~~2

Amendment 56

Proposal for a regulation

Article 826 – paragraph 15 – introductory part

Amendment 57

Proposal for a regulation

Article 826 – paragraph 15 – point b

Amendment 58

Proposal for a regulation

Article 827 – paragraph ~~1 – point b a (new)~~2

Amendment 59

Proposal for a regulation

Article 929 – paragraph ~~1 – point g~~5

Amendment 60

Proposal for a regulation

Article 929 – paragraph ~~1 – point h~~6

Amendment 61

Proposal for a regulation

Article 936 – paragraph 1 a– ~~(new)~~point d

Amendment 62

Proposal for a regulation

Article 936 – paragraph 1 b– ~~(new)~~point f

Amendment 63

Proposal for a regulation

Article 1137 – paragraph 12

Amendment 64

Proposal for a regulation

Article 1238 – paragraph 2

Amendment 65

Proposal for a regulation

Article 1338 – paragraph 23 – ~~point c a~~introductory ~~(new)~~part

Amendment 66

Proposal for a regulation

Article 1438 – paragraph 13 – ~~introductory~~point ~~part~~a

Amendment 67

Proposal for a regulation

Article 1438 – paragraph 43 a– ~~(new)~~point b

Amendment 68

Proposal for a regulation

Article 1438 – paragraph 54 – introductory part

Amendment 69

Proposal for a regulation

Article 1438 – paragraph 64 – point a

Amendment 70

Proposal for a regulation

Article 1738 – paragraph 14 – point b

Amendment 71

Proposal for a regulation

Article 1738 – paragraph 24 a (new)

Amendment 72

Proposal for a regulation

Article 1738 – paragraph ~~4 a (new)~~5

Amendment 73

Proposal for a regulation

~~Article 17 – paragraph 5~~

Article 39

Amendment 74

Proposal for a regulation

Article 1742 – paragraph 61

Amendment 75

Proposal for a regulation

Article 1742 – paragraph 72

Amendment 76

Proposal for a regulation

Article 1744 – paragraph 81

Amendment 77

Proposal for a regulation

Article 1844 – paragraph 12

Amendment 78

Proposal for a regulation

Article 1844 – paragraph ~~2 – introductory part~~3

Amendment 79

Proposal for a regulation

Article 1845 – paragraph ~~2 a (new)~~1

Amendment 80

Proposal for a regulation

Article 1845 – paragraph ~~3 – point d a (new)~~2

Amendment 81

Proposal for a regulation

Article 1845 – paragraph 43

Amendment 82

Proposal for a regulation

Article 1845 – paragraph 5

Amendment 83

Proposal for a regulation

Article 1846 – paragraph 61 – point a

Amendment 84

Proposal for a regulation

Article 1846 – paragraph 81 – ~~introductory~~point ~~part~~b

Amendment 85

Proposal for a regulation

Article 1846 – paragraph 81 – ~~point b a~~subparagraph ~~(new)~~2

Amendment 86

Proposal for a regulation

Article 1846 – paragraph 112 – introductory part

Amendment 87

Proposal for a regulation

Article 1947 – paragraph ~~1 – introductory part~~2

Amendment 88

Proposal for a regulation

Article 1950 – paragraph 1 ~~– point a~~

Amendment 89

Proposal for a regulation

Article 1950 – paragraph 23

Amendment 90

Proposal for a regulation

Article 2055 – paragraph 1

Amendment 91

Proposal for a regulation

Article 2255 – paragraph 12

Amendment 92

Proposal for a regulation

Article 2256 – paragraph 41 a– ~~(new)~~point b

Amendment 93

Proposal for a regulation

Article 2456 – paragraph 21 – point c

Amendment 94

Proposal for a regulation

Article 2456 – paragraph 21 a– ~~(new)~~point d

Amendment 95

Proposal for a regulation

Article 2456 – paragraph 31 – point d a (new)

Amendment 96

Proposal for a regulation

~~Article 25 – paragraph 3~~

Article 61

Amendment 97

Proposal for a regulation

Article 2663 – paragraph 42 – point a

Amendment 98

Proposal for a regulation

Article 2663 – paragraph 52 – ~~introductory~~point ~~part~~b

Amendment 99

Proposal for a regulation

Article 2663 – paragraph 53 – point a

Amendment 100

Proposal for a regulation

Article 2763 – paragraph 13 – point b

Amendment 101

Proposal for a regulation

Article 2764 – paragraph 2

Amendment 102

Proposal for a regulation

~~Article 28 – paragraph 2~~

Article 66

Amendment 103

Proposal for a regulation

Article 2968 – paragraph 12

Amendment 104

Proposal for a regulation

Article 2970 – paragraph 21

Amendment 105

Proposal for a regulation

Article 2970 – paragraph 41 a (new)

Amendment 106

Proposal for a regulation

Article 2970 – paragraph ~~4 a (new)~~2

Amendment 107

Proposal for a regulation

Article 3170 – paragraph 23

Amendment 108

Proposal for a regulation

Article 3270 – paragraph 64

Amendment 109

Proposal for a regulation

Article 3372 – paragraph 12

Amendment 110

Proposal for a regulation

Article 3472 – paragraph ~~1 –~~2 ~~introductory~~a ~~part~~(new)

~~Amendment 111~~

~~Proposal for a regulation~~

~~Article 34 – paragraph 4~~

~~Amendment 112~~

~~Proposal for a regulation~~

~~Article 37 – paragraph 1~~

~~Amendment 113~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 2~~

~~Amendment 114~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 3 – introductory part~~

~~Amendment 115~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 3 – point a~~

~~Amendment 116~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 3 – point b~~

~~Amendment 117~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 4 – introductory part~~

~~Amendment 118~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 4 – point a~~

~~Amendment 119~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 4 – point b~~

~~Amendment 120~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 4 – point c~~

~~Amendment 121~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 4 a (new)~~

~~Amendment 122~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 5~~

~~Amendment 123~~

~~Proposal for a regulation~~

~~Article 38 – paragraph 6~~

~~Amendment 124~~

~~Proposal for a regulation~~

~~Article 39 – paragraph 1~~

~~Amendment 125~~

~~Proposal for a regulation~~

~~Article 42 – paragraph 2~~

~~Amendment 126~~

~~Proposal for a regulation~~

~~Article 44 – paragraph 1~~

~~Amendment 127~~

~~Proposal for a regulation~~

~~Article 45 – paragraph 2~~

~~Amendment 128~~

~~Proposal for a regulation~~

~~Article 45 – paragraph 3~~

~~Amendment 129~~

~~Proposal for a regulation~~

~~Article 45 – paragraph 4~~

~~Amendment 130~~

~~Proposal for a regulation~~

~~Article 45 – paragraph 5~~

~~Amendment 131~~

~~Proposal for a regulation~~

~~Article 46 – paragraph 1 – point b~~

~~Amendment 132~~

~~Proposal for a regulation~~

~~Article 46 – paragraph 3~~

~~Amendment 133~~

~~Proposal for a regulation~~

~~Article 47 – paragraph 2~~

~~Amendment 134~~

~~Proposal for a regulation~~

~~Article 48 – paragraph 2~~

~~Amendment 135~~

~~Proposal for a regulation~~

~~Article 55 – paragraph 2~~

~~Amendment 136~~

~~Proposal for a regulation~~

~~Article 56 – paragraph 1 – introductory part~~

~~Amendment 137~~

~~Proposal for a regulation~~

~~Article 56 – paragraph 4~~

~~Amendment 138~~

~~Proposal for a regulation~~

~~Article 60 – paragraph 1 a (new)~~

~~Amendment 139~~

~~Proposal for a regulation~~

~~Article 61 – paragraph 1~~

~~Amendment 140~~

~~Proposal for a regulation~~

~~Article 61 – paragraph 2~~

~~Amendment 141~~

~~Proposal for a regulation~~

~~Article 61 – paragraph 3 a (new)~~

~~Amendment 142~~

~~Proposal for a regulation~~

~~Article 61 – paragraph 3 b (new)~~

~~Amendment 143~~

~~Proposal for a regulation~~

~~Article 62 – paragraph 1~~

~~Amendment 144~~

~~Proposal for a regulation~~

~~Article 62 – paragraph 3~~

~~Amendment 145~~

~~Proposal for a regulation~~

~~Article 62 – paragraph 3 a (new)~~

~~Amendment 146~~

~~Proposal for a regulation~~

~~Article 63 – paragraph 3 – point b~~

~~Amendment 147~~

~~Proposal for a regulation~~

~~Article 66~~

~~Amendment 148~~

~~Proposal for a regulation~~

~~Article 67 – paragraph 2~~

~~Amendment 149~~

~~Proposal for a regulation~~

~~Article 67 – paragraph 3~~

~~Amendment 150~~

~~Proposal for a regulation~~

~~Article 67 – paragraph 6~~

~~Amendment 151~~

~~Proposal for a regulation~~

~~Article 70 – paragraph 1~~

~~Amendment 152~~

~~Proposal for a regulation~~

~~Article 70 – paragraph 2~~

~~ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR FOR THE OPINION HAS RECEIVED INPUT~~

~~The rapporteur has received input from the following entities or persons in the preparation of the opinion:~~

~~The list above is drawn up under the exclusive responsibility of the rapporteur.~~

PROCEDURE – COMMITTEE ASKED FOR OPINION

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:

The list above is drawn up under the exclusive responsibility of the rapporteur.

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION