Changes from plenary report to adopted text

RemovedArticle 9 – paragraph 1 – point i: (i) standard licence agreement per implementation;

Added(14) ‘requirement of a standard’ means expression, in the content of a document, that conveys objectively verifiable criteria to be fulfilled and from which no deviation is permitted if conformance with the document is to be claimed;

RemovedArticle 9 – paragraph 1 – point j: (j) list of licensors in each implementation;

Added(15) ‘recommendation of a standard’ means expression, in the content of a document, that conveys a suggested possible choice or course of action deemed to be particularly suitable without necessarily mentioning or excluding others;

RemovedArticle 9 – paragraph 1 – point k: (k) list of licensees for each implementation.

Added(16) ‘patent family’ means a collection of patent applications having at least one priority in common, including the priority documents that cover the same invention and whose members have the same prioritiesthemselves; [Am. 67]

RemovedArticle 9 – paragraph 1 a (new): 1a. The competence centre shall verify the information submitted by patent pools in accordance with paragraph 1 on a regular basis and at least once a year, based on a methodology it develops for this purpose, ensuring that the verification process is thorough, transparent and consistent. That methodology shall be made available to patent pools and to other stakeholders for the sake of transparency.

Added(17) ‘stakeholder’ means any person that can demonstrate a legitimate interest in SEPs, including a SEP holder, an implementer, an agent for a SEP holder or an implementer, or an association representing the interests of SEP holders and implementers;

RemovedArticle 9 – paragraph 1 b (new): 1b. The competence centre shall prepare a report detailing the outcomes of its verification, including with regard to patent pools’ compliance with paragraph 1, any discrepancies or missing information identified, and the corrective actions taken or recommended. That report shall be submitted to the Commission within one month following the completion of each verification cycle.

Added(17a) ‘conciliator’ means any person that has been appointed to mediate among parties in establishing an aggregate royalty in accordance with Article 17, to serve on a panel that provides an opinion on an aggregate royalty in accordance with Article 18 and to serve in the FRAND determination in accordance with Title VI, who is independent and impartial and does not have any direct or indirect conflict of interest; [Am. 68]

RemovedArticle 10 – paragraph 1 – introductory part: 1. Competent courts of Member States shall notify the competence centre within 2 months after the decision concerning SEPs has become final on:

Added(17b) ‘evaluator’ means any person that has been appointed to conduct essentiality checks in accordance with Title V, who is independent and impartial, and does not have any direct or indirect conflict of interest; [Am. 69]

RemovedArticle 10 – paragraph 1 – point b: (b) infringements;

Added(17c) ‘peer evaluator’ means any person that has been appointed to conduct a peer evaluation, who is independent and impartial, and does not have any direct or indirect conflict of interest; [Am. 70]

RemovedArticle 11 – paragraph 1: 1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 4 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined.

Added(18) ´competence centre’ means the EUIPO administrative units that fulfil the tasks entrusted to EUIPO under this Regulation.

RemovedArticle 12 – paragraph 1: 1. The competence centre shall collect, duly verify and promptly publish information on any SEP related rules in any third country in the database. The competence centre may also collect information on compliance with this Regulation in third countries as well as monitor its impact on implementers.

Added(18a) ‘patent assertion entity’ means an entity that primarily derives its revenue from the enforcement or licensing of patents, including any damages or monetary awards from the assertion of such patents, and that does not engage in the production, manufacture, sale or distribution of products or services utilising the patented inventions or in the research and development of such inventions, that is not an educational or research institution or technology transfer organisation facilitating the commercialisation of technological innovations generated by them, and that is not an individual inventor asserting patents originally granted to that inventor or patents that cover technologies originally developed by that inventor. [Am. 71]

RemovedArticle 12 – paragraph 2: 2. Any person may provide the competence centre with such information as well as information on updates, corrections and public consultations. The competence centre shall publish that information in the database after verifying its accuracy.

AddedTitle II Competence centre

RemovedArticle 12 – paragraph 2 a (new): 2a. In order to facilitate effective implementation of this Regulation, the competence centre may cooperate, engage and exchange information with, amongst others, authorities of third countries and international organisations dealing with SEPs, in particular as regards the information on SEP related rules in third countries or the prevention of parallel proceedings.

AddedArticle 3 Tasks of the competence centre

RemovedArticle 13 – paragraph 1: 1. The competence centre shall store in the database all the data provided by stakeholders, as well as reasoned opinions and reports of evaluators and conciliators.

Added1. The tasks under this Regulation shall be performed by a competence centre established within the EUIPO with the necessary human and financial resources.

RemovedArticle 13 – paragraph 2 – point c a (new): (ca) making available to interested persons SEPs, standards and implementations, with the use of easily accessible research tools and reasonably understandable search results;

Added2. The competence centre shall support transparency and FRAND determination in relation to SEPs and shall perform the following tasks:

RemovedArticle 13 – paragraph 2 – point d a (new): (da) facilitating assessments of SEP licensing practices and their impact on the internal market, innovation and access to standardised technology.

Added(a) set up and maintain an electronic register and an electronic database for SEPs in accordance with Articles 4 and 5; [Am. 72]

RemovedArticle 14 – paragraph 1 – introductory part: 1. Holders of patents in force in one or more Member States which are claimed to be essential to a standard for which FRAND commitments have or have not been made shall notify to the competence centre, where possible through the standard development organisation or through a joint notification, the following information:

Added(b) set up and manage rosters of evaluators and conciliators in accordance with Article 27; [Am. 73]

RemovedArticle 14 – paragraph 3: 3. In the absence of the notification under paragraph (1), any holder of a SEP in force in one or more Member States shall notify individually, no later than 90 days from the publication of the latest technical specification, to the competence centre the information referred to in paragraph (1).

Added(c) set up and administer a system for assessment of the essentiality of SEPs in accordance with Articles 28 to 33; [Am. 74]

RemovedArticle 14 – paragraph 5: 5. The competence centre shall also notify the relevant standard development organisation of the notification. In case of notification pursuant to paragraphs (3) and (4), it shall also notify, where possible, known SEP holders individually or request confirmation from the standard development organisation that it has duly notified the SEP holders.

Added(d) set up and administer the process for the FRAND determination in accordance with Articles 34 to 58; [Am. 75]

RemovedArticle 14 – paragraph 6: 6. The competence centre shall publish on the EUIPO website the notifications made pursuant to paragraphs (1), (3), (4) and (4a) for comments by stakeholders. Stakeholders may submit their comments to the competence centre within 30 days from the publication of the list.

Added(e) provide training to evaluators and conciliators;

RemovedArticle 15 – paragraph 1: 1. Holders of SEPs in force in one or more Member States for which FRAND commitments have or have not been made may jointly notify the competence centre the aggregate royalty for all SEPs covering a standard.

Added(f) administer a process for facilitating agreements on and the determination of an aggregate royalty determinationin accordance with Articles 17 and 18; [Am. 76]

RemovedArticle 17 – title: Process for facilitating agreements between SEP holders on aggregate royalty

Added(g) enhance transparency and information sharing through:

RemovedArticle 17 – paragraph 3 – point e: (e) the estimated percentage of SEPs they own individually and collectively from all SEPs claimed for the standard.

Added(i) publishing the results and reasoned opinions of the essentiality checks and non-confidential reportsopinions of the FRAND determinations in accordance with Article 33(1) and Article 57(3); [Am. 77]

RemovedArticle 17 – paragraph 4: 4. The competence centre shall publish the request and invite other SEP holders to express their interest in participating in the process and to provide their estimated percentage of SEPs from all SEPs for the standard.

Added(ii) enabling access to case-law (including alternative dispute resolution) on SEPs, including from third country jurisdictions in accordance with Article 13(3); [Am. 78]

RemovedArticle 17 – paragraph 7: 7. Where the SEP holders fail to make an agreement regarding the joint notification submission of an aggregate royalty within 6 months from the appointment of the conciliator, the conciliator shall terminate the process.

Added(iii) compiling non-confidential information on FRAND determination methodologies and FRAND royalties in accordance with Article 13(4) and (5); [Am. 79]

RemovedArticle 17 – paragraph 8: 8. If the SEP holders agree on a joint notification, the procedure set out in Article 15(1), (2) and (4) shall apply.

Added(iv) enabling access to SEP-related rules of third countries in accordance with Article 12; [Am. 80]

RemovedArticle 18 – paragraph 1: 1. A SEP holder or an implementer may request the competence centre for a non-binding expert opinion on an aggregate royalty. An implementer may make this request, even if an agreement amongst SEP holders has already been reached, including through the procedure laid down in Articles 15 to 17.

Added(h) set up and maintain a SEP Licensing Assistance Hub for SMEs and start-ups and provide training, support and general advice on SEPs to SMEs and start-ups in accordance with Article 61; [Am. 81]

RemovedArticle 18 – paragraph 4: 4. The competence centre shall notify the relevant standard development organisation and all relevant 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.

Added(i) conduct studies and any other necessary activities to support the objectives of this Regulation;

RemovedArticle 18 – paragraph 5: 5. 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.

Added(j) establish a dedicated working group on conditions for licensing SEPs in the value chain and raise awareness about SEP licensing, including SEP licensing in the value chain. [Am. 82]

RemovedArticle 18 – paragraph 6: 6. If the requests for participation include SEP holders representing collectively at least an estimated 20% of all SEPs for the standard, or 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 having the appropriate experience in the relevant field of technology.

Added3. Using the powers conferred by Article 157 of Regulation (EU) 2017/1001, the Executive Director of the EUIPO shall adopt the internal administrative instructions and shall publish the notices that are necessary for the fulfilment of all the tasks entrusted to the competence centre by this Regulation.

RemovedArticle 18 – paragraph 8 – introductory part: 8. Within one month following the appointment, the panel shall request the participating SEP holders to:

AddedTitle III Information on SEP made available through the competence centre

RemovedArticle 18 – paragraph 8 – point b: (b) submit justification on the impossibility to propose an aggregate royalty due to technological, economic, or other considerations and

AddedChapter 1 General Provisions