Changes from plenary report to adopted text

RemovedAt the same time, the rapporteur believes that while proceedings are still ongoing, the parties should not yet be obliged to make a binding decision on whether or not they should comply with the outcome of the procedure. The parties should be able to make such a decision only after learning the outcome of the dispute resolution mechanism.

Added3. That request shall include:

RemovedIn addition, the rapporteur believes that parallel proceedings should only lead to the termination of the dispute resolution mechanism if the other party so wishes. This is to prevent the procedure from being stopped on account of legal action in a third country.

Added(a) commercial name of the standard;

RemovedMicro and small and medium enterprises

Added(b) list of relevant technical specifications that define the standard;

RemovedIn some future-oriented SEP sectors, such as the Internet of Things, 85% of companies are MSMEs. MSMEs usually have limited human and financial resources and therefore the rapporteur strengthens the Commission’s proposals in this regard. She proposes the establishment of a one-stop shop for MSMEs within the competence centre. MSMEs that are SEP implementers should be offered free information on what licences they need for their products or services and how to obtain them. MSMEs that are SEP holders should be offered free information on how to better identify potential licensees and how to effectively enforce their rights. However, this help should only benefit MSMEs whose business models are not solely based on asserting patents.

Added(c) list of relevant products, processes, services or systems or implementations;

RemovedAssessment of the new instruments

Added(d) list of known stakeholders and contact details.

RemovedThese proposed instruments have the potential to make SEP licensing significantly more efficient. They can reduce inefficiencies and transaction costs in licensing, thereby facilitating licensing negotiations, speeding up their outcomes and reducing costly and laborious litigation procedures. This would make the EU single market a more attractive location for industry standard-setting innovation. However, as the proposed measures also have an impact at global level, the rapporteur believes that the impact on the competitiveness of European SEP holders at global level and on innovation in Europe should also be examined in more detail. If the outcome of this review indicates a negative impact, the Commission should propose appropriate amendments where necessary.

Added4. The competence centre shall notify the relevant standard development organisation and all knownrelevant stakeholders of the request. It shall publish the request on EUIPO's website and invite stakeholders to express interest in participating in the process within 30 days from the day when the request was published. [Am. 136]

Added5. Any stakeholder may request to participate in the process after explaining the basis of its interest. SEP holders shall provide their estimated percentage of those SEPs of all SEPs for a standard. Implementers and other stakeholders shall provide information on any relevant existing or potential implementations of the standard, including any relevant market share in the Union. [Am. 137]

Added6. If the requests for participation include SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, andor implementers holding collectively at least 10% relevant market share in the Union or at least 10 SMEs or start-ups, the competence centre shall appoint a panel of three conciliators selected from the roster of conciliators withhaving the appropriate background fromexperience in the relevant field of technology. [Am. 138]

Added7. Stakeholders that submit to the panel confidential information shall provide a non-confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence.

Added8. Within one month following the appointment, the panel shall request the participating SEP holders to, within one month: [Am. 139]

Added(a) propose an aggregate royalty, including the information referred to in Article 15(2), or

Added(b) submit justification on the impossibility to propose an aggregate royalty due to technological, economic, or other considerations.; and [Am. 140]

Added(ba) provide evidence or observations to assist the panel in deciding on aggregate royalty. [Am. 141]

Added8a. The panel shall permit participants to submit responses to the submissions provided for in paragraph 8 and reactions to those responses. [Am. 142]

Added9. The panel shall duly consider the submissions and responses provided for in paragraph 8paragraphs 8 and 8a and decide: [Am. 143]

Added(a) to suspendgrant a suspension of the procedure for the expert opinion on aggregate royalty for an initial period of no longer than 6 months, which can be further extended for another period of 3 months on the basis of a duly justified request by one of the participating SEP holders, or [Am. 144]

Added(b) to provide the expert opinion.

Added10. The panel shall provide the expert opinion within 8 months of the end of the suspension period pursuant to paragraph 8(a)9(a) or of the decision referred to in paragraph 8(b)9(b). The opinion shall be supported by at least two of the three conciliators. [Am. 145]

Added11. The expert opinion shall include a summary of the information provided in the request, the information referred to in Article 15(2), the names of the conciliators, the procedure, the recommended aggregate royalty rate, the reasons for the opinion on the aggregate royalty and the underlying methodology. The reasons for Any divergent views and the reasons underlying them shall be specified in an annex to the expert opinion. [Am. 146]

Added12. The expert opinion shall include an analysis of the value chain concerned and the potential impact of the aggregate royalty on the innovation incentives of both SEP holders and stakeholders in the value chain where licensing is to take place.

Added13. The competence centre shall publish the expert opinion and notify the participants of that publication.

AddedChapter 3 Registration of SEPs

AddedArticle 19 Administration of the register of standard essential patents

Added1. The competence centre shall create an entry in the register for a standard or part thereof for which FRAND commitments have been made within 60 days from the earliest of the following events: [Am. 147]

Added(a) publication by the competence centre of the standard and related information pursuant to Article 14(7);

Added(b) publication by the competence centre of an aggregate royalty and related information pursuant to Article 15(4) and Article 18(11).

Added2. The competence centre shall publish a notice on the EUIPO website informing stakeholders that an entry in the register has been made and refer to the publications referred to in paragraph (1). The competence centre shall notify known SEP holders individually by electronic means and the relevant standard development organisation of the notice in this paragraph.

AddedArticle 20 Registration of standard essential patents

Added1. Upon request of a SEP holder the competence centre shall register any patent in force in one or more Member States and falling within the scope of this Regulation that is essential for a standard, for which the competence centre has published a notice pursuant to Article 19(2).

Added2. For a SEP to be included in the register, at least one patent claim shall correspond with at least one requirement or recommendation to the standard, identified by standard name, version (and/or release) and sub-clause.

Added3. The request for registration shall be made within 6 months from the publication of the notice pursuant to Article 19(2). In case the SEP is only granted by a national or European patent office after the publication of the notice pursuant to Article 19(2), the request for registration shall be made within 6 months from the grant of the SEP by the relevant patent office.

Added4. The request shall include the information set out in Article 4(3) and Article 5(2), points (a), (b), (d) and (e).

Added5. A SEP holder shall update the information in the register, except for the information provided in accordance with Article 4(3), point (c), and database to reflect relevant changes in relation to its registered SEP by notifying the competence centre within 6 months from the change occurring. [Am. 148]

Added6. The request for registration will only be accepted following the payment of the registration fee by the SEP holder. The Commission shall determine the registration fee in the implementing act issued based on Art. 63(5). The registration fee shall include, in case of medium and large enterprises, the expected costs and fees of the essentiality check for SEPs selected pursuant to Article 29(1). [Am. 149]

AddedArticle 21 Date of registration

Added1. The date of registration shall be the date on which the competence centre has received a registration request pursuant to Article 20(2), (4) and (5) .

Added2. The competence centre shall publish the registered SEPs in the register within 7 working days from the date of registration.

AddedArticle 22 Examination of the conditions of registration

Added1. The EUIPO shall annually check a sample of SEP registrations shall be checked annually forin order to verify their completeness and correctness. [Am. 150]

Added2. The EUIPO shall adopt a methodology for selecting a sample of SEP registrations for checks.

Added3. Where the registration does not contain the information in accordance with Articles 4 and 5 or contains incomplete or inaccurate information, the competence centre shall request the SEP holder to provide the complete and accurate information within the set time limit of no less than 23 months. [Am. 151]

Added4. If the SEP holder fails to provide the correct and complete information, the competence centre shall notify the SEP holder about its failure to provide the correct and complete information and that, following a grace period of 1 month during which the SEP holder could still provide the required information, its registration shall be suspended from the register, until such time as the incompleteness or inaccuracy is remedied. [Am. 152]

Added5. A SEP holder whose SEP has been suspended from the register pursuant to paragraph (4) and considers that the finding of the competence centre is incorrect may apply before the Boards of Appeal of the EUIPO for a decision on the matter. The application shall be made within 2 months from the suspension. Within 2 months from the application, the Boards of Appeal of the EUIPO shall either reject the application or request the competence centre to correct its finding and inform the requesting person.

Added6. Any completing or correcting information on a SEP pursuant to this article shall be made free of charge.

AddedArticle 23 Correction of an entry in the register or information in the database

Added1. A SEP holder may request a correction of its SEP registration or of the information contained in the database by filing an appropriate request to the competence centre, except as provided for in paragraph (2).

Added2. Any third party may request the competence centre to correct a SEP registration or information contained in the database. The request shall contain the following information:

Added(a) the name and contact details of the requesting person;

Added(b) the registration number of the registered SEP;

Added(c) the reasons for the request;

Added(d) evidence from an independent source supporting the request.

Added3. The competence centre shall notify the request made in accordance with paragraph 2 to the SEP holder and invite the SEP holder to correctrequest a correction of the entry in the register or the information submitted for the database, where relevant within a time limit no less than 23 months. [Am. 153]

Added4. The competence centre shall notify the SEP holder and invite the SEP holder to correctrequest a correction of the entry in the register or the information submitted for the database, where relevant within a time limit no less than 23 months, when the competence centre is informed by a competent court of a Member State pursuant to Article 10(1) or a patent office or any third party of: [Am. 154]

Added(a) the expiry of a registered SEP