Transparency and Predictability of Licensing in ICT through Patent Pools?

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For ICT standardisation to continue its role as a major instrument supporting competitiveness, as well as increasing interoperability and responding to industry expectations and societal needs, an adequate balance has to be found.

In particular, IPR policies, rules and practice implemented by standards developing organisations should not only reflect a proper balance between the interests of IPR owners and users/implementors of standards. They should also actively promote transparency and predictability in the marketplace.

Moreover, standards developing organisations should be able to effectively implement such IPR policies while responding to the requirements set by competition law.

In the White Paper proposing measures to improve the European ICT standardisation policy, the Commission included actions to further increase transparency and predictability of IPR treatments in ICT standardisation.

To that end various events were organised, also in cooperation with the European Patent Office, aimed to further analyse and propose improvements on many aspects related to IPR treatment in ICT standardisation.

Following the previous events, the Commission, in cooperation with the European Patent Office, is now organising a workshop that aims at evaluating whether and how patent pools could contribute to further increasing transparency and predictability in IPR treatments in ICT standardisation.

In particular, the workshop will help to identify advantages and disadvantages of patent pools in relation to ICT standardisation and to subsequently identify how patent pools could best function in order to avoid antitrust concerns.

The event will focus on 4 main parts as follows :

1. Setting the scene
2. Building and running a patent pool
3. Users' experience
4. Enabling frameworks