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

UPC Court Dress

Image
  Jane Lambert The robes to be worn by the judges of the Court of First Instance and Court of Appeal of the Unified Patent Court are quite fetching.  Photos of those robes are to be found in the Annexes to the Presidium Decision of the Dress Code of the Unified Patent Court  of 4 April 2023 which came into force yesterday, Art 1 of the Decision requires judges of the Court of First Instance to wear a gown as shown and described in Annex I,  It is a black and blue garment that extends halfway to the lower leg. The outer fabric of the gown is made from black, 100% ultra-fine Merino virgin wool. The trim on the sleeves and lapels is dark blue and made from 100% fine cotton velvet. There is contrasting piping between the trim and outer fabric in dark blue.  The sleeves and back are pleated.  The chest and back are lined with paisley royal blue. A note that is not absolutely clear refers to "buttons below a concealed button placket,"  Gentlemen are expected to wear a white shirt a
Read more

Latest Developments in Intellectual Property Law

Image
Gray's Inn Square Author Chensiyuan   Licence CC BY-SA 3.0   Source Wikimedia Commons Jane Lambert On 18 Sept 2023, I shall be one of the speakers at IP Update, a seminar on some of the latest developments in intellectual property law which will take place between 14:00 and 17:00 in my chambers at 4-5 Gray's Inn  Square . The other speakers will be James Bridgeman SC , who will also chair the seminar, Mark Engelman , Christian Panayi  and Elizabeth Nicholls .  For intellectual property specialists in the Midlands, we shall repeat the seminar on 25 Sept between 14:00 and 17:00 in our Birmingham premises at 2 Snow Hill.   Should those talks go well, we shall repeat them in Manchester and the other cities with  Business and Property Courts . Attendees will be invited to arrive between 13:30 and 14:00 for registration and networking over tea or coffee.  They can reserve their places by calling our senior clerk, Emily Martin, on 020 7404 5252 or registering on Eventbrite.  Tickets
Read more

Patent Law Update

Image
Howard Building Author TheWub   Licence CC BY-SA 3.0   Source Wikimedia Commons   Jane Lambert Except for 2020 when the Informa IP Law Simmer Schoo l took place online and 2021 when it was held in December,  I have chaired the session on patent law and delivered a talk on FRAND  at the Howard Building in Downing College Cambridge for the last 5 years.  I shall do so again this year between the 7 and 11 Aug 2023.  There is an excellent programme  of talks from distinguished speakers .  Attendees are housed in college and fun s ocial events are arranged every night .  Anyone wishing to attend the course can book here . A lot has happened in my topic since last year.   There has been Mr Justice Mellor's judgment in  I Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWHC 539 (Pat) on 16 March 2023.  That was the second time that an English court had been called upon to determine what terms were fair, reasonable and non-discriminatory ("FRAND")
Read more