What Next after the EC SEP Regulation?
'The EC SEPs Regulation is Dead - Vive the EC SEP Regulation?'
What future, if at all, for the proposed EC Sep regulation? In an expert discussion Dr Clemens Heusch of Nokia and Alexander Heartel of Deutsche Telekom debated on the pros and cons of the EC SEP regulation.
Here is the gist:
Not all was bad under the EC SEP regulation, so the speakers. Some parts are worth preserving, such as for example the notion of transparency and predictability. Other aspects though, such as setting rates for FRAND ahead of time were dismissed. After all, we also don't get to know energy prices to heat our homes for the next ten years in advance, so the experts.
If and to what extent the E.C. should continue its work was seen differently by Clemens and by Alex. While Clemens, a market liberal, wants as little market intervention by the regulator as possible, Alex encouraged the E.C. to continue its work and contribute to setting an equal level playing field.
The thought of the day for me personally 'there is a life after the injunction.' Join us on June 26 and 27 in Amsterdam for the 10th IP and Competition Forum. see https://www.oxviews.com
F?rs?kringsservice Stockholm (Franchise Privat L?nsf?rs?kringar)
6 天前It was an interesting discussion - one thing that have crossed my mind, that I’ve heard a couple of times from ”implementers” is that injunctions makes the SEP-holder get a much higher royalty rate. However I was under the impression that if the offer is within FRAND range the SEP-holder can’t change the rate after getting the injunction - I would say that settling after an injunction with a higher rate than what was first offered would be very un-frandly…?