IP & Antitrust: Hot Issues #1

1st Webinar of the 3rd "IP & Antitrust: Hot Issues" Conference organised by Concurrences, in partnership with Baker Botts and Oxera. Keynote speech by Pierre Régibeau (Chief Economist, DG COMP). Panel with Jonathan Barnett (Professor, University of Southern California), Shreya Gupta (Principal, Oxera), Florian Mueller (Founder FOSS Patents), Fabian Gonell (Senior Vice President, Licensing Strategy and Legal Counsel, Qualcomm)

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Opening Keynote

Pierre Régibeau

The complexity of a system standard setting

  • Setting standards is a complex process that starts with the development of R&D and technologies, which may or may not be patented.
  • When the need for a standard arises, the challenge of how to set the standard comes into play.
  • There is rarely competition between standard setters, and internal rules are agreed upon by standard-setting organisations and participants, such as declarations of essential patents and FRAND commitments.
  • The process involves bespoke innovation to fill gaps and multiple rounds of licensing negotiations between standard and patent holders and users.
  • This complexity leads to potential issues in negotiations, arbitration, and litigation, especially concerning injunctions.
  • Despite efforts over the past 20-25 years, there is no perfect system, but rather a need to lower expectations and aim for a system that works well enough not to hinder the economy. Striving for the most perfect system can create obstacles.

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