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SYNTHÈSE
Keynote
Pierre Régibeau introduced the presentation by taking stock of the current situation in terms of standard-essential patents (SEPs). He underlines that from the 2000’s, some progress has been made in trying to streamline the standard setting process especially in the field of mobile communication.
On the European Union side, the Huawei v. ZTE decision (C-170/13) indicates more precisely what can and cannot be done, at least up to a certain stage of the licensing process. There has also been some progress in patent pool management that has been able to not have “one size fits all” to attract a greater proportion of industry participants. Moreover, there seems to be more willingness from the courts to set FRAND royalties. To do this, they rely on various methods, including the bottom-up approach or the top-down approach. However, it is important to remember that there are hundreds of standardisations processes every day and most of them are going very well, without any litigation.