Discussing Europe’s role in guiding innovation policy and practices

5G is the game-changing generation of mobile connectivity designed to connect everything, everywhere. In 2019 Europe is taking the lead in finally making 5G a commercial reality around the world and will continue to develop over the coming decade.

Why should users and industries care about 5G? How is 5G different from other previous generations of wireless? What are the industry dynamics the policymakers need to be aware of, for enabling successful evolution of the technology? How does Europe best position itself to fully leverage the potential of 5G?

This panel examined specific questions in a moderated discussion amongst the industry experts and all the roundtable participants.

Some policymakers around the world, including the Japanese Patent Office and the European Commission, have issued guidelines on the suggested best practices for licensing negotiations in the industry, especially related to Standards Essential Patents.

Are these guidelines consistent with the industry practices? This panel explored a case-by-case analysis of the various proposed guidelines and how they compare with the industry practice of the wireless and other industries more broadly.

Standards Development Organizations (SDOs) define IPR policies based on the needs of their industry. Some jurisdictions have discussed special rules for SEPs, such as limited ability to seek injunctive relief, and others have considered the potential breach of a contractual commitment made to SDOs as an antitrust issue. Finally, SDOs themselves have been under pressure to change or reinterpret their policies – or rules of the game – ex-post, after standards development has already begun or ended.

Is there a need for special rules for Standards and SEPs?  What are the economic and geopolitical implications of such special rules?

Patent pools have been viewed as a potential mechanism to create efficiencies by bringing together multiple patent owners with complementary technologies. However, patent pools have experienced limited success, notably in the area of mobile communication standards, such as 3G and 4G.

Can pools be an effective licensing tool in addition to the more traditional bilateral negotiations, especially in the context of IoT where many more potential licensees are involved? Or do pools have some inherent design and management limitations that may be hard to overcome?

This panel discusses the strengths and weaknesses of patent pools, the regulatory framework under which they operate, and the challenges they face.