Changes from report parliamentary committee draft to plenary report

Article 3 – paragraph 2 – point c: (c) set up and administer a system for assessment of the essentiality of SEPs in accordance with Articles 28 to 33;

Article 3 – paragraph 2 – point d: (d) set up and administer the process for the FRAND determination in accordance with Articles 34 to 58;

Article 3 – paragraph 2 – point f: (f) administer a process for facilitating agreements on and the determination of an aggregate royalty in accordance with Articles 17 and 18;

Change 11

ChangedArticle 3 – paragraph 2 – point g – point i: (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);

Change 12

ChangedArticle 3 – paragraph 2 – point g – point ii: (ii) enabling access to case-law (including alternative dispute resolution) on SEPs, including from third country jurisdictions,jurisdictions in accordance with Article 13(3);

Article 3 – paragraph 2 – point g – point iii: (iii) compiling non-confidential information on FRAND determination methodologies and FRAND royalties in accordance with Article 13(4) and (5);

Article 3 – paragraph 2 – point g – point iv: (iv) enabling access to SEP-related rules of third countries in accordance with Article 12;

Change 13

ChangedArticle 3 – paragraph 2 – point h: (h) set up and maintain a one-stopSEP shopLicensing 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;

Change 14

ChangedArticle 43 – paragraph 1:2 1.– Apoint Unionj: register(j) forestablish SEPsa ('thededicated register')working shallgroup beon setconditions upfor andlicensing maintainedSEPs in electronicthe formatvalue bychain theand competenceraise centre.awareness about SEP licensing.

Change 15

AddedArticle 4 – paragraph 1: 1. A Union register for SEPs ('the register') shall be set up and maintained in an electronic format by the competence centre.

Article 4 – paragraph 2: deleted

Change 16

RemovedContent included in Art. 4 (1).

AddedArticle 4 – paragraph 3 – point b: (b) identification of registered SEPs, including the country of registration and patent number;

Change 17

ChangedArticle 4 – paragraph 3 – point f: (f)c: if(c) the SEPstandard holderversion, isthe antechnical affiliate,specification subsidiaryand orthe partsections of one or more other companies, the name,technical addressspecification andfor contactwhich detailsthe ofpatent theis parentconsidered company;essential;

Change 18

ChangedArticle 4 – paragraph 3 – point h:f: (h)(f) if the existenceSEP ofholder anyis publiclyan availableaffiliate, standardsubsidiary termsor andpart conditions,of includingone SEPor holder’smore royaltycompanies, the name, address and discountcontact policies;details of the parent company;

Change 19

ChangedArticle 4 – paragraph 3 – point i:h: (i)(h) the existence of any publicly available standard terms and conditionsconditions, forincluding SEP licensingholder’s toroyalty, SMEs;royalty-free and discount policies;

Change 20

AddedArticle 4 – paragraph 3 – point i: (i) the existence of any publicly available standard terms and conditions for SEP licensing to SMEs and start-ups;

Article 4 – paragraph 3 – point j: (j) availability for licensing through patent pools and the name of the respective patent pool, where applicable;

Change 21

AddedArticle 4 – paragraph 4 – point c: (c) any information on whether an essentiality check or peer evaluation have been performed and, unless not possible due to contractual limits agreed upon by the parties, also a reference to the outcome of the essentiality check;

Article 4 – paragraph 4 – point d: (d) information on whether the SEP is expired, invalidated or deemed unenforceable by a final judgment of a competent court of a Member State;

Change 22

AddedArticle 4 – paragraph 4 – point f: (f) date of publication of information pursuant to Article 19(1);

AddedArticle 4 – paragraph 4 a (new): 4a. Prior to registering their patents, SEP holders may voluntarily submit their SEPs for essentiality checks to the competence centre.

Article 5 – paragraph 1: 1. The competence centre shall set up and maintain an electronic database for SEPs.

Change 23

ChangedArticle 5 – paragraph 2 – point b: (b) publicly available standard terms and conditions, including SEP holder’s royaltyroyalty, royalty-free and discount policies pursuant to Article 7, first paragraph, point (b), if available;

Change 24

ChangedArticle 5 – paragraph 2 – point c: (c) publicly available standard terms and conditions for SEP licensing to SMEsSMEs, and start-ups pursuant to Article 62(1), including royalty-free access, if available;

Change 25

ChangedArticle 5 – paragraph 2 – point d: (d) information regarding known products, processes, services or systems and implementations and, where available, any known market data pursuant to Article 7, first paragraph, point (a);

Change 26

ChangedArticle 5 – paragraph 3: 3. Access to the information pursuant to paragraph (2), points (f), (h), (i), (j) and (k) shall be available to any third party subject to registration with the competence centre and may be subject to the payment of a fee.reasonable fee, as set out in Article 63.

Change 27

ChangedArticle 5 – paragraph 4: 4. However, public authorities, including courts, shall have full access to the information in the database referred to in paragraph (2) free of charge subject to registration with the competence centre. Academic institutions may also request access to the information free of charge.charge Accesssolely tofor the information shall be subject to a case-by-case approvalpurpose byof theconducting competenceacademic centre.tasks.

Change 28

ChangedArticle 6 – paragraph 1: 1. When a party requests that data and documents of the database be kept confidential, that party shall provide a reasoned statement justifying this confidentiality and, where reasonably possible, 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 and provide reasons for the confidentiality.confidence. The competence centre may disclose that non-confidential version.

Change 29

AddedArticle 6 – paragraph 5: 5. Upon request, the competence centre shall issue registration certificates or certified copies of the data and documents in the register or the database. The registration certificates and certified copies may be subject to the payment of a reasonable fee.

AddedArticle 7 – paragraph 1 – point a: (a) information as regards the products, processes, services or systems in which the subject-matter of the SEP may be incorporated or to which it is intended to be applied, for all existing or potential implementations of a standard and, where available, any market data, to the extent such information is known to the SEP holder.

AddedArticle 7 – paragraph 1 – point b: (b) where available, its standard terms and conditions for SEP licensing, including its royalty, royalty-free and discount policies, within 7 months from the opening of the registration for the relevant standard and implementation by the competence centre.

Article 8 – title: Information on essentiality

Change 30

RemovedArticle 8 – paragraph 1 – point b: (b) any essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator in the context of a patent pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.

AddedArticle 8 – paragraph 1 – point a: (a) a final decision on essentiality for a registered SEP made by a competent court of a Member State within 2 months after the decision has become final;

AddedArticle 8 – paragraph 1 – point b: (b) any other essentiality check by an independent evaluator in the context of, for example, a patent pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator.

Article 9 – paragraph 1 – introductory part: 1. Patent pools shall publish on their websites at least the following accurate and updated information and inform the competence centre thereof:

Article 9 – paragraph 1 – point g: (g) list of products, services and processes that may be licensed through the patent pool;

Change 31

RemovedThe entity is already covered by the new definition of patent pools in Art. 2.

AddedArticle 9 – paragraph 1 – point h: (h) royalties, royalty-free and discount policies per implementation including information on royalty calculation per SEP owner in the pool and aggregate royalty rate, if applicable;

Change 32

ChangedArticle 9 – paragraph 1 – point h: (h)i: royalties(i) andstandard discountlicence policyagreement per user case;implementation;

Change 33

ChangedArticle 9 – paragraph 1 – point i:j: (i)(j) standardlist licenceof agreementlicensors perin usereach case;implementation;

Change 34

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

Change 35

ChangedArticle 9 – paragraph 1 a (new): (1a)1a. The competence centre shall systematically 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.

Change 36

ChangedArticle 9 – paragraph 1 b (new): (1b)1b. The competence centre shall prepare a report detailing the outcomes of its verificationverification, 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.

Change 37

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

AddedArticle 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:

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

AddedArticle 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.

AddedArticle 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.

Article 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.

Change 38

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.

AddedArticle 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.

RemovedArticle 14 – paragraph 1 – introductory part: 1. Holders of patents in force in one or more Member States which are declared to be essential to a standard for which FRAND commitments have been made shall notify to the competence centre, where possible through the standard development organisation or through a joint notification, the following information:

AddedArticle 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.

AddedArticle 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;

AddedArticle 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.

AddedArticle 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:

AddedArticle 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).

Article 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.