(Brussels) 10 February 2021 – Today, ACT | The App Association released a statement on behalf of chairperson Mike Sax on the release of the European Commission’s (EC) Expert Group Report on Standard-Essential Patents (SEP):
“Unfortunately, today’s release of the Expert Group’s report confirmed what we long expected. The findings and recommendations, on their face, do not reflect the balance which the EC consistently sought in the public debate surrounding SEPs. The failure by the group to reach a consensus on how to license and value SEPs, despite the Commission’s guidance in its 2017 SEP Communication, highlights the need for a more inclusive approach as well as the need for much further clarification from the Court of Justice of the European Union in its pending cases on the fair, reasonable, and non-discriminatory (FRAND) licensing of SEPs.
“Many of the recommendations in this Expert Group report, if implemented, would dramatically upset a balanced standards system and inhibit innovation and deployment of standardized technologies in the EU. It is particularly disappointing that the Expert Group did not fully leverage SMEs’ experiences and viewpoints both in the Group’s makeup and its findings. The inclusion of viewpoints from a wide range of stakeholders is an area for future improvement.
“This two-year process is a missed opportunity to build inclusive, cross-sectoral, and consensus-based solutions similar to those contained in CWA 95000, Core Principles and Approaches for Licensing of Standard Essential Patents, a comprehensive effort which included a broad range of stakeholders that successfully produced helpful guidance for any stakeholder impacted by SEP licensing. We hope the European Commission draws inspiration from the CWA 95000 in its future deliberations and takes into account that the CWA 95000 has the broadest industry support.”
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About the App Association: ACT | The App Association represents more than 5,000 app makers and connected device companies in the mobile economy. Organization members leverage the connectivity of smart devices to create innovative solutions that make our lives better. ACT | The App Association is the leading industry resource on market strategy, regulated industries, privacy, and security.