Consultation on SEPs and Innovation: The Responses

Shanghai
Licence CC9.10 Source Wikimedia Commons
 













On 19 Dec 2021, I announced the Intellectual Property Office's consultation on standard essential patents and innovation.  The consultation closed on 1 March 2022 and a Summary of Responses to the Call for Views has been published.  

The summary covers the following topics:

Section 1 - The balance of the ecosystem and benefits to innovation and consumers
Section 2 - Competition and market functioning
Section 3 - Transparency
Section 4 – Patent infringement and remedies
Section 5 – Licensing of SEPs
Section 6 -SEP Litigation

A list of respondents appears on page 88 of the summary. They include academics. businesses, law firms. patent attorneys and interest groups.  Contributions came from within the UK and beyond. The IPO seems to have received a wide range of views, some of which diverged widely.

In view of the breadth of issues and the divergence of the views on the need for government intervention, the IPO will require a further period of assessment.  The IPO does not expect to report to the government before 2023 and as the government will want to carry out further consultations there is unlikely to be legislation before the general election,

I shall be speaking on SEPs. Licensing and FRAND ar Informa's IP Law Summer School at Downing College on Tuesday 16 Aug 2022.  I shall discuss some of the important cases and other developments that have taken place since December when I last gave that talk.

Anyone who wants to discuss this article may call me during office hours on 020 7404 5252b or send me a message through my contact page.

Comments

Post a Comment

Popular posts from this blog

Learning the Law at St Andrews - Mooting

Image
St Salvator's College Author Andy Hawkins   Licence CC BY-SA 2.0   Source Wikimedia Commons   Jane Lambert Although St Andrews lost its law school in 1967 when Queen's College became the University of Dundee, St Andrews graduates continued to enter the legal professions of all parts of the United Kingdom and many other countries.  Their entry into the law is eased by the University of St Andrews Law Society  a student organization supported by Herbert Smith Freehills  and other leading law firms .  The Society holds activities that prepare students for law school and a career in the law including moots, talks and workshops.   I was invited to return to St Andrews on Monday 4 Nov 2024, to judge a mooting competition.  I sat with Mike Gettinby  Chief Legal Officer at the University of St Andrews and  Paulina Kachalova , Mistress of the Moots, to judge one contest and with Callum Friel , Master of the Moots, to judge the...
Read more

IP and Brexit: the Fashion Industry

Image
Jane Lambert Our IP system, which is ranked by TaylorWessing as one of the best in the world (see The Global Intellectual Property Index ) consists of some rights that subsist under national law and others that subsist under EU law. When we eventually leave the EU, those rights that subsist under EU law such as the EU trade mark and the Community design will fall away. I discussed those consequences generally in What Sort of IP Framework do we need after Brexit and what are we likely to get?   3 July 2016. In this article I consider how those changes will affect the British fashion industry which relies on EU trade marks and Community designs more than most. I have chosen this industry because I have conducted seminars on IP and fashion in London and Leeds (see  IP and Fashion Law   12 Sept 2015 London IP and Tech,  IP and Fashion Seminar - 7 Oct 2015   20 Sept 2015 and  Second Course on IP and the Fashion Industry   27 May 2016), ...
Read more

Cambridge IP Law Summer School 2024 Report

Image
By Herbert Baker - https://www.flickr.com/photos/stevecadman/2347434439/, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=68619795 Downing College, Cambridge Jane Lambert I have been chairing sessions and speaking at the Cambridge IP Law Summer School  on and off since 2017 and have enjoyed every one tremendously but I think this year's was the best ever.  That was because there was an exceptional cohort of attendees drawn from the Civil Service, Magic Circle law firms, Sweden, Turkiye and business and an updated programme which included artificial intelligence, database rights, geographical indications and the Digital Markets, Competition and Consumers Act 2024. The Summer School took place at Downing College between Monday 12 Aug and Friday 16 Aug 3035. There was a different agenda each day.    The first day's agenda was  "Fundamentals" , the second day's was "Patents" , the third's was " Soft IP" , the fourth's  "...
Read more