Tuesday, 10.11.2020
16-18:30 CET
ACT | The App Association

"High-Level Reflections on Standard-Essential Patents: In pursuit of a balanced system" is the title of this free online conference organised by ACT | The App Association. Policymakers, experts, and small businesses will reflect on measures needed to ensure a fair and balanced patent system in the EU.

This high-level online conference will focus on recent developments related to standard-essential patents (SEPs) in the European Union, the role of competition law to enforce ‘fair, reasonable, and non-discriminatory’ (FRAND) terms related to SEPs, and the steps that need to be taken to ensure a fair and balanced SEP system for all stakeholders – especially SMEs.

The European Commission will deliver a keynote address outlining its thoughts on the topic of standard-essential patents, and offering participants a glimpse of future policy developments.

Two panels of industry experts, academia and legal professionals will discuss some of the most debated topics within the industry and the state of the standard essential patents ecosystem in the European Union.

Participants can expect robust discussion and rigorous debate. A question and answer session will follow each panel, allowing the audience to interact with the speakers.

Opening Remarks

Iban Garcia Del Blanco, Member of the European Parliament 

Keynote Address

Amaryllis Verhoeven, Head of Unit F3, Directorate-General for Internal Market, Entrepreneurship and SMEs, European Commission 

Panel Discussion I

Use-based licensing: A hindrance to innovation?

This panel will explore how use-based licensing, can be a hindrance to downstream innovation with particularly harmful effects for SMEs.  The panel will discuss how this methodology of allocating the royalty base as the end-user device captures value of downstream innovation, unfairly apportioning that value to the patent holder. The panel will elaborate how other valuation methodologies more accurately and equitably apportion the value of the patented technology within the standard.

Dr. Rebekka Porath, Policy Director, Intel GmbH

Dr. Roya Ghafele, Director, OxFirst

Prof. Dr. Joachim Henkel,  Schöller Chair in Technology and Innovation Management, TUM School of Management

Sabine Agé, Partner, Hoyng Rokh Monegier

Sylvie Vollet, Legal Counsel, AirTies Wireless Networks 

Panel Discussion II

The antitrust implications in the refusal to license standard-essential patents

This panel will explore the history of refusal to license, including the contextual aspects of refusal to license in the past, and the parallels now with the current refusal of Nokia and Avanci to offers licenses in the automotive sector. The panel will discuss the economic implications of ‘have made rights’ and why such a doctrine undermines the Internal Market and is contrary to European fundamental rights. Finally, the panel will discuss the effect of injunctions and how combined with a refusal to license are harmful to the European economy.

Jim Beveridge, Innovator’s Network Fellow

Brian Wyld, Former CTO, Wyres S.A.S

Dr. Frank-Erich Hufnagel, Partner, Freshfields Bruckhaus Deringer

Hans Joachim Gerstein, Partner, Gramm Lins & Partner

Marianne Frydenlund, Nordic Semiconductor