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Posted in Europe, Patents, Standard at 6:48 pm by Dr. Roy Schestowitz
Summary: A tax on standards, in the form of patents (usually software patents), is celebrated by the FRAND/SEP lobby, which basically serves to protect the powerful while blocking everyone else
YESTERDAY we wrote about the EPO‘s friends, who represent or front for patent trolls, influencing the European Commission (EC) into the patent thickets trap. They now add insult to injury.
For those who don’t understand the ramifications, see this new article titled “Qualcomm 5G Royalty Rate Shines Light on Dispute With Apple”, among others [1, 2] (we mentioned more articles about it last night).
“They now add insult to injury.”Now Bristows, which has long pushed the SEP agenda (often in IP Kat, where it also promotes software patents, patent trolls, and UPC) cites and quotes nasty lobbying groups, noting that they’re happy about the EC’s SEP sellout. It said (yesterday): “Today the EU Commission published their much-awaited and debated communication on standard essential patent (SEP) licensing. The document entitled “Setting out the EU approach to Standard Essential Patents” contains 14 pages of key principles aimed at fostering a “balanced, smooth and predictable framework for SEPs”. The key principles reflect two stated objectives: (1) incentivising the development and inclusion of technologies in standards by providing fair/adequate return and (2) ensuring fair access to standardized technologies to promote wide dissemination.”
Channeling pro-SEP agenda (like BSA/IP Europe people), it linked to this post, which not only celebrates but also insults. Benjamin Henrion took note of this part: “Where opportunities to find negotiated outcomes have been exhausted, our position remains that courts are the best venue to enforce Intellectual Property Rights, including to find remedies for growing marketplace trends such as ‘patent freeriding’ by implementers that use our innovations without taking a license or paying royalties.”
“Patent freeriders means poor software developers who write code,” Henrion noted. See the “about” section (it’s structured like a press release): “free riders that rely on R&D investments made by others to earn higher profits…”
“No signs of dignity there.”Apart from the fact that it’s a slur which dodges a real debate about how standards come into being, it also stigmatises the ‘opposition’. No signs of dignity there.
“The SEPs guidance was particularly well received,” Managing IP wrote today. “Well received”? By who?!
Well, patent trolls and cartels. But Managing IP works for them, so that’s all that matters apparently. █
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