es Español

Wed.
24th
November
5pm-6pm CEST

Licensing Standard Essential Patents

GDE 17

Objectives

SEP licensing remains as controversial as ever. Some licensees complain about uncertainty regarding essentiality, patent hold up and royalty stacking, and propose licensing at component level at royalties based on the price of such components. Some licensors complain about unwilling licensees, patent hold out and litigation strategies involving multiple jurisdictions. In this context, we wish to debate:

  1. What can a body like the European Commission do to minimise conflict and ensure that IP holders are fairly compensated and implementers have access to standards at reasonable prices?
  2. What is the contribution that patent pools can make to achieve those goals?
  3. Whether a global dispute resolution mechanism could help and what are the obstacles for that mechanism to materialise?

Report

Meet the Panel

Ruud PETERS

Founder and director of Peters IP Consultancy B.V. and Former Chief IP Officer and Executive Vice President of Philips

Prof. Jorge L. CONTRERAS

Professor of Law at the University of Utah and Director of the Program on Intellectual Property Law & Policy

Elena KOSTADINOVA

Legal and Policy Officer, DG Grow, Intangible Economic Department, European Commission

Moderator: Dr. Jorge PADILLA

Senior Managing Director and Head of Compass Lexecon EMEA

Countdown!

GDE 17: Licensing Standard Essential Patents

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About our Speakers

Ruud PETERS

Founder and Director of Peters IP Consultancy and former Chief Intellectual Property Officer and Executive Vice President, Philips (1999 – 2013). He joined Philips in 1977, where he had various positions before he was appointed Chief Intellectual Property Officer of Philips in 1999, in which role he was responsible for managing the worldwide IP and standardization activities of Philips. He turned the IP and standards organization from a cost center into a successful profitable business and introduced new approaches in IP portfolio creation and value capturing. After his retirement from Philips at the end of 2013, he established his own IP consultancy company advising companies ranging from large multinational companies to start-ups in IP strategy, implementation and organizational matters.

He is also a (advisory) board member of a number of technology and IP companies in Sweden, Switzerland, Israel, USA and China.  He is also Guest Professor at the School of Management of Zhejiang University in Hangzhou, China.

He was inducted into the IP Hall of Fame in 2010 and in 2014 He received an Outstanding Achievement Award for his lifetime contributions to the field of IP from Managing Intellectual Property magazine.

Professor Jorge CONTRERAS

Presidential Scholar and Professor at the University of Utah S.J. Quinney College of Law, where his research focuses on intellectual property, technical standards, antitrust law and science policy.  He has written or edited eleven books and published more than one hundred book chapters and scholarly articles on these topics. 

His most recent book, The Genome Defense: Inside the Epic Legal Battle to Determine Who Owns Your DNA (New York: Algonquin, 2021) tells the story of the litigation that ended gene patenting in America.  His work on standards and standardization has received numerous awards and has been cited by government agencies and courts in the United States, Europe and Asia. 

Professor Contreras is a frequent lecturer and speaker on these topics, and teaches an annual course on patent litigation, standards and pools at East China University of Political Science and Law (ECUPL). 

Elena KOSTADINOVA

Legal and Policy Officer in the Intangible Economic Department at the European  Commission. Elena works on IP and Open Innovation, Artificial Intelligence, Data and IP, and Standard Essential Patents. Before joining the Intangible Economic Department, Elena worked as a lawyer in the Legal Unit of DG Trade of the European Commission, an advisor to the Hearing Officer for Trade and an associate in a top international law firm  in Brussels. Elena graduated from the University of Sofia and holds an LL.M.  in European law from the College of Europe, Bruges.

Dr. Jorge PADILLA

Dr. Padilla earned M. Phil and D. Phil degrees in Economics from the University of Oxford. He is Research Fellow at the Centro de Estudios Monetarios y Financieros (CEMFI, Madrid) and teaches competition economics at the Barcelona Graduate School of Economics (BGSE) and at the Toulouse School of Economics (TSE). He has given expert testimony before the competition authorities and courts of several EU member states, as well as in cases before the European Commission. Dr. Padilla has submitted written testimony to the European General Court, and the UK Competition Appeals Tribunal in cartel, merger control and abuse of dominance cases. He has also given expert testimony in various civil litigation (damages), international arbitration cases, and competition cases in non-EU jurisdictions (Argentina, Australia, Brazil, Canada, Chile, China, Colombia, India, Israel, Jamaica, Singapore, South Africa, Turkey, and the United States).

Dr. Padilla has written numerous papers on competition policy and industrial organization, and is co-author of The Law and Economics of Article 102 TFEU, 3rd edition, Hart Publishing, 2020.

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