Standards

European IPR Helpdesk Bulletin Issue (20)

We are pleased to inform you that a new issue of the European IPR Helpdesk Bulletin has been released and is now available online.

Does your business have know-how, inventions or brands? Then you have intangible assets that can be brought to the market to create new revenues and increase profits.

This Bulletin issue is largely dedicated to IP Commercialisation comprising the different available mechanisms to realise economic values from Intellectual Property (IP).

Particular attention is given to licensing as the most common IP commercialisation tool presenting specificities depending on the Intellectual Property involved.

An insight on licensing and Standard Essential Patents (SEPs) is offered by an article of Mr Matteo Sabattini and Ms Alessandra Mosca from Sisvel.

Read our interviews to discover the point of view of European SMEs on IP management and commercialisation.

As always, the Bulletin reports information about past IPR events together with some fresh news on the Helpline service. In addition, it contains the usual patent quiz and a new IP commercialisation crossword.

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Standardisation and patents: two new EC studies

The European Commission has published two studies on the interplay between standardisation and patents. The first study focuses on issues and solutions related to standard essential patents (SEPs) and the standardisation process. The second study provides statistical evidence on the importance of SEPs on key technologies in Europe. The results of the studies will be used to assess the interplay between standardisation and patents in the EU Single Market.

Further information is available here.

 

A new online platform on renewable energy innovation

The International Renewable Energy Agency (IRENA) in co-operation with the EPO and the International Electrotechnical Commission have launched a new online platform giving access to the world's largest collection of global renewable energy standards and patent documents. Also known as INSPIRE, the International Standards and Patents in Renewable Energy platform is the first and most complete solution of its kind. Indeed, the patents section contains information on over two million patent documents relating to carbon mitigation technologies from PATSTAT - a patent statistics database and Espacenet - a public online patent search tool. The standards section enables users to search through a database of more than 400 internationally used standards and explains what standards are, how they can be used and why they are important.  

You can read more and access the INSPIRE platform here.

 

Advocate General’s opinion on standard-essential patent owners’ obligations

In a case (C-170/13) referred by the German Court to the Court of Justice of the European Union on standard-essential patent (SEP), the Advocate General Melchior Wathelet delivered his non-binding opinion to the Court suggesting that the owner of a standard-essential patent that seeks corrective measures or brings an prohibitory injunction without informing the alleged infringer about the infringing action in writing, giving reasons, and specifying the SEP concerned and the manner in which it has been infringed by the infringer, would be liable of abuse of a dominant position.

“The SEP-holder must, in any event, present to the alleged infringer a written offer of a licence on FRAND terms which contains all the terms normally included in a licence in the sector in question, in particular the precise amount of the royalty and the way in which that amount is calculated”, the Advocate General noted.

For more information and to read in full the Advocate General’s opinion, please click here.

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Patents and Standards: A modern framework for standardisation involving intellectual property rights

The European Commission has launched a new consultation on the interplay between standardisation and intellectual property rights (IPR) such as patents.

The purpose of the present consultation is to allow stakeholders interested in standardisation involving patents to bring to the Commission's attention their views on:

  • how the current framework governing standardisation involving patents performs and
  • how it should evolve to ensure that standardization remains efficient and adapted to the fast-changing economic and technological environment.

This consultation will be open until January 31st, 2015.

For further information, please click here.

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Report on ‘Standardisation in the Area of Innovation and Technological Development, Notably in the Field of Text and Data Mining’

Text and data mining (TDM) is an important technique for analysing and extracting new insights and knowledge from the exponentially increasing store of digital data (‘Big Data’). It is important to understand the extent to which the EU’s current legal framework encourages or obstructs this new form of research and to assess the scale of the economic issues at stake.

TDM represents a significant economic opportunity for Europe. At present, the use of TDM tools by researchers in Europe appears to be lower than in its main competitors. In the legal issues section a description is offered of the application of different intellectual property laws and the extent to which TDM in Europe is facilitated by any existing exceptions to either EU copyright or database law. The application of a copyright and database exception relating to teaching or scientific research is optional and has not been implemented at all in some Member States. This has contributed to uncertainty in the European scientific research community.

There is a serious risk that Europe’s relative competitive position as a research location for the exploitation of digital data will deteriorate further, if steps are not taken to address the issues discussed in this report prepared for the EC Directorate-General for Research and Innovation by a Group of Experts.

The full report is available here.

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A new study on patents and standards

Standardization and intellectual property rights are key contributors to industrial innovation and industrial competitiveness. On the one side, standards ensure rapid diffusion of technologies and interoperability between products. On the other side, patents provide incentives for research and development and facilitate knowledge transfer.

Many standards comprise innovative technologies that are protected by patents. Therefore, in 2013 DG Enterprise and Industry commissioned a fact-finding study on the issue of patents and standards. This fact-finding study analyses the rules and practices developed to ensure efficient licensing of standard-related patents. It also covers barriers to efficient licensing and ideas discussed among stakeholders for dealing with these barriers.

This study has now been published and should help the European Commission in its attempts to improve the European governance of licensing arrangements forstandard essential patents (SEPs). It can also be useful in the (on-going) work of standard setting organizations on their IPR policies and rules.

For further information, please click here.

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EU IPR Helpdesk webinar on "IP and Software" in November

Interested in learning more about concepts of Intellectual Property Rights (IPR) and licensing practices in software?  The Helpdesk training team invites you to take part in a webinar on "IP and Software" scheduled to take place on Monday, 4 November 2013, 10.30-11.45 am (Luxembourg, GMT + 1).

As usual, participation in the webinar is free of charge. You will find all the details and the registration form in the webinar description in our event calendar - just click here.

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Patents and standards: an expert interview

Thousands of industry standards affect our daily life, including medical devices or GPS navigation systems. They have sometimes a “tenuous interaction” with patents and therefore it is important to understand standards and their importance, as well as their relation to patents.

The European Patent Office has published an interview touching on this topic with Dr. Konstantinos Karachalios, Managing Director of the Institute of Electrical and Electronics Engineers' Standards Association (IEEE-SA), one of the world's leading standards-developing organisations (SDOs).

To read this interview, please click here.

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How to reap the benefit of standardisation in R&D

This document, developed in collaboration with CEN (the European Committee for Standardization) and CENELEC (the European Committee for Electro-technical Standardization), seeks to improve the mutual awareness and collaboration between standardisation and the research communities. While doing so, this fact sheet focuses on an aspect that is close to researchers' heart: can they participate in and contribute to standardisation without losing the opportunity to exploit their research outcomes through other channels?

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