Source: https://www.tipo.gov.tw/tw/cp-85-1001231-f8fed-1.html
With the increasing global attention to the issue of Standard Essential Patent (SEP), the policy dynamics of various countries are also evolving. The Taiwan Intellectual Property Office (TIPO) has been tracking SEP-related events and policy developments in the European Union (EU), the World Intellectual Property Organization (WIPO), the United Kingdom (UK), the United States (US), Japan, and South Korea, and has analyzed and compiled a report on the dynamics of Standard Essential Patents (SEP) by collecting SEP-related news and information published on the Internet, in the hope of improving the industry's understanding of SEP-related issues, and assisting the industry in grasping the strategy of patent placement in the major markets.
On February 11, the European Commission announced the withdrawal of several bills, including the 2023 bill on the regulation of standard-essential patents. The reason for the withdrawal was that it could not foresee the possibility of reaching an agreement and would evaluate whether to put forward new proposals or adopt other ways of dealing with the matter. The original proposal included the establishment of a Competence Center, a database for SEP registration, a standard necessity assessment, a FRAND determination process, and a system to regulate total royalties for SEP licenses. Nowadays, the existing negotiated licensing model between holders of standard-essential patents and potential licensees is still maintained, and the Standards Development Organization (SDO) plays an important role in the development of technical standards.
This quarter's Standard Essential Patent Dynamics Survey introduces the European Telecommunications Standards Institute (ETSI) to help readers understand the current state of standards development and standard essential patents in the EU region. The article is organized into five main sections. First, ETSI's founding and mission describe its purpose and role in the EU and globally, with the primary aim of developing globally applicable ICT standards and promoting their market adoption. It then discusses the challenges of reconciling the needs of different interest groups and complying with legal norms. ETSI's role in the patent licensing process emphasizes that ETSI is not directly involved in commercial negotiations. However, licenses must be granted based on fairness, reasonableness, and non-discrimination, and national courts should deal with disputes. The section on ETSI's mandate describes the possible future recognition of standard-essential patents at the request of the EU Executive Board and the European Free Trade Association to maintain a technological competitive edge. Finally, the use of the ETSI IP Database illustrates how the database can help members file and search for standard essential patents and enhance the transparency of licensing.
The purpose of this report is to provide the latest information on global SEP-related policy developments. For inquiries or further information about this report, please contact: Yu-Hong Hsu, Director, Communications Section, Patent Examination Division 2 (02)2376-7216; E-mail: gogo20378@tipo.gov.tw. Lewis & Davis Patent Attorneys Office
Lewis C.Y. HO, Patent Attorney
Phone☎️: (02) 25175955
Email📫: wtoip@lewisdavis.com.tw