Standard Essential Patent and Fair, Reasonable and Non-Discriminatory (FRAND) Licensing: The interplay between IP, competition and contract law -

The 4th edition of the advanced seminar on “Standard Essential Patent and Fair, Reasonable and Non-Discriminatory (FRAND) Licensing: The interplay between IP, competition and contract law” will be held in 2025.

Public

This training programme is aimed at professionals and entrepreneurs in the digital and electronics, automotive, health and energy sectors, lawyers, decision-makers, judges, and students.

Prerequisites

Proficiency in English required.

Entrance requirements

This is a non-degree training course. Admission upon validation of the application file.

Objectives

Telecommunications standards are at the core of the digitalization and globalization of the world, enabling a widespread interoperability of devices to the benefit of consumers. With the development of the Internet of Things and with connectivity features driving industry and consumer demand, more and more sectors (digital and electronic, automotive, healthcare, energy) require interoperable solutions based on standard-essential patents (SEPs).

SEPs are patents necessarily implemented in standard-compliant products. If SEPs owners generally pledge to grant licenses on FRAND terms (i.e. Fair, Reasonable and Non-Discriminatory), a lot of uncertainties remain as to how and to whom they should be licensed, generating complex and high profile litigation in multiple jurisdictions around the world.

Licensing terms on SEPs are at the crossroads of IP, competition and contract law, crystallizing the tension between the goals of standardization and the private exclusive rights and legal monopolies resulting from patents.

The training seminar “SEPs and FRAND licensing: the interplay between IP, competition and contract law“ aims to provide professionals and generally IP enthusiasts with the keys to understanding the legal issues related to SEPs and FRAND licensing and address the many challenges faced in real-life practice, whether as an SEP holder or as a standards implementer.

Programme (subject to modification)

Introduction : Standardisation and essential patents
SEPs and EU competition rules
What is FRAND?
The EU proposal for a regulation on standard essential patents and amending Regulation (EU) 2017/1001
Panorama of SEP case law in key jurisdictions
US approach to SEPs and FRAND licenses
India’s approach to SEPs and FRAND licenses
Litigating SEPs: Obligations and strategies
Litigating SEPs: View from judges
Licensing SEPs: Determining the FRAND rate
Licensing and litigating SEPs: The view of implementers
Licensing and litigating SEPs: the view of SEP owners

Duration

The training takes place over 2 days, for a total of approximately 13 hours of lectures*.
The exact dates will be announced at a later stage.

* subject to modification

List of Speakers

Teachings will be provided by lecturers, researchers and university professors specialised in the relevant fields.

Teaching Methods and Language

The lectures will be conducted entirely in English and will include visual presentations, case law, class discussions, and a Q&A session between the speakers and participants.