European Parliament’s Role:
The European Parliament is poised to approve new patent regulations aimed at bolstering the authority of the European Intellectual Property Office (EUIPO). However, the finalization of rules regarding Standard Essential Patents (SEPs) hinges on member states’ agreement, with a decision expected in the next mandate of the European Commission, potentially around the second half of 2024.
Pending Agreement:
Despite the imminent approval by the European Parliament, member states have not yet reached a consensus on the text of the regulations. Progress on legislation concerning SEPs, vital for technologies like WiFi and 5G, is anticipated following discussions scheduled for mid-March among member states. This delay means that formal negotiations involving the commission, parliament, and member states, known as trilogue negotiations, can only commence after the June election.
Parliament’s Adoption:
In January, the Parliament’s Legal Affairs Committee (JURI) endorsed the commission’s proposal on SEPs, albeit with some reservations, passing it by 13 votes in favor with ten abstentions. However, opinions within the parliament remain divided, with concerns raised about potential negative impacts on innovation, particularly in the realm of 5G technology, due to regulatory burdens on SEP holders.
Commission’s Proposal:
The commission’s patent package, introduced in April 2023, aims to streamline SEP licensing enforcement across the EU and facilitate the development of new devices incorporating patented technologies. SEPs are pivotal in various sectors, including connected vehicles, smart cities, and climate change mitigation technologies. Under the proposed regulations, EUIPO will host a competence center responsible for managing databases, maintaining an SEP register, and overseeing dispute arbitration related to SEP licensing.
Ongoing Scrutiny:
Amidst these developments, the EUIPO faces scrutiny over alleged fraud in its recruitment procedures, with complaints filed at the European Anti-Fraud Office (OLAF). While the agency denies awareness of any complaints, asserting the transparency of its selection processes, calls for investigations highlight broader concerns about procedural integrity. Legislators, including Marion Walsmann, advocate for thorough investigations, underscoring the importance of transparency and accountability in ensuring the agency’s credibility.
SOURCE: Ref Image from Euronews.com
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