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British competition judges: Standard essential patent (SEP) Rates must be disclosed

Judge Marcus of the High Court of England and Wales.Smith (Marcus Smith) in11month15Day in Brussels by the Fair Standards Alliance (FSA) Comments were made at an event hosted by Mr, It is considered necessary to disclose standard essential patents (SEP) Royalty rate, To make the licensing market work.

 

Smith attended the meeting in a virtual capacity, He told the assembly: "Consent on requestSEPThe parties to the license agreement publish these terms. " He called: "In my opinion (Britain) The court will judge (If needed) Those in denial are not optimistic. " Smith claims, He understands why the parties do not want trade secrets or technical information to be made public. But he thinks, SEPCommercial agreements in the market need more transparency. "Rates must be disclosed, That's the only way the market works, " He said. He suggests, Such an obligation could be made available through the European Telecommunications Standards Institute, a standard-setting organization based in France (ETSI) To manage.

 

ETSIdemandSEPAll are committed to fairness, Reasonable and non-discriminatory (FRAND) The terms of the license to its patents. Smith is also president of Britain's Competition Appeal Court, He is6lunarOptisA Supreme Court decision was written in the case of Apple, The award was awardedSEPpossessorOptisWell below their expected rates. Judge vsFRANDThe rate estimates are largely based on similar licensing agreements with Apple.

 

He dismissed itOptisMost comparable data, The reason is that they do not reflect competitive trading. Smith said in his speech, OptisAgreements have been reached with small implementers, Primarily to strengthen its adoption in this case "Bundle valence" Justification for royalty, The royalty fee shall be based on the value of the product under the license agreement. At the same time, Comparable figures for Apple are made up of largeSEPAll people in self-hosting sometimes expect fees.

 

The judge did not comment directly on the commission's proposalSEPregulations, The regulation will create a European Union Intellectual Property OfficeSEPArchive. however, Smith points out, To facilitate real business transactions based on royalty rates, must "unfold" Comparable data.

 

He added, In length of300paginalOptisIn judgment, Much of it is spent on data evaluation. (Be compiled frommanagingip. com)

 

TRANSLATORS: Wu Xian proofread: Liu Peng

 

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