Transparency in SEP Licensing: Patent Pools, LNGs and the Competition Perspective
Of the various concerns surrounding the licensing of standard essential patents (SEPs), the lack of transparency has been at the center of attention, whether it be the recently withdrawn Draft SEP Regulation in the EU or the UKIPO’s Consultation on SEPs. In each of the instances, the focus of the agencies has been on bringing greater transparency to the disclosure and licensing of SEPs, and one of the means by which some transparency has been achieved in recent years is patent pools. Since the turn of the decade, patent pools have gained acceptance, not just with SEP holders and implementers but also courts around the world. However, recent months have witnessed the emergence of licensing negotiation groups (LNGs) as a counter to patent pools created by groups of SEP holders, while also sparking concerns regarding buyer cartels; the Automotive LNG a case in point.
This discussion with industry experts will focus on the role of patent pools and LNGs in addressing information asymmetry and the lack of transparency in SEP licensing, while also deliberating on the competition agencies’ perspective on the two.
Moderator: Prof. (Dr.) Manveen Singh (Professor & Associate Dean, Jindal Global Law School)
Panelists:
Mr. Eric Stasik (Director, Avvika AB, Sweden)
Mr. Nishant Sharma (Lead Counsel, Dolby India – Patent Licensing & Litigation)
Dr. Payal Malik (Visiting Professor, ICRIER and Former Advisor and Head Economics, Competition Commission of India)
