Standard essential patent and Fair, Reasonable and Non-Discriminatory (FRAND) licensing: The interplay between IP, competition and contract law

The 3rd 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” was held on-site (in Paris) and online (via Zoom) over two days on 16 and 17 March 2023.

Public

The programme is open to technology professionals and entrepreneurs, lawyers, decision-makers, judges and students.

Language of training: English.

Prerequisites

Proficiency in English required.

Application and admission

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

Educational objectives

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.

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.

Programme

Content

  • Introduction: Standardisation and essential patents- SEPs and EU competition rules
  • What is FRAND?
  • US approach of SEPs and FRAND licenses
  • Licensing and litigating SEPs: The view of implementers
  • Panorama of SEP case law in key jurisdictions
  • Litigation strategies
  • Litigating SEPs: View from judges
  • SEPs: The perspective of Standard-Setting Organizations
  • Licensing SEPs: Determining the FRAND rate
  • Licensing and litigating SEPs: the view of SEP owners

Click on the poster to download the 2023 brochure

Duration

The seminar lasts 2 days.

Timetable (indicative)

Thursday 16 March 2023: 09h30-17h30

Friday 17 March 2023:  09h30-18h30

Speakers

Courses are taught by leading experts in the field.

Teaching methods

Lectures with visual presentations, caselaw, class discussion, Q&A between the speakers and the participants.

Course materials

The speakers’ presentations and other materials will be available online.

Type of training and certification

This training constitutes an action of adaptation and development of competences. A certificate of completion will be issued.

An evaluation survey is distributed to participants at the end of the training to measure their satisfaction.

Location

The training will take place in a Hybrid format, participants can choose between following the seminar:

  • Online (via Zoom)

OR

  • On-site in Paris (Linklaters Paris, 25 rue de Marignan, 75008, Paris).

Registration fees

Professionals:

  • Early bird fee: 1 300 € (tax included) for registrations until 28 February 2023
  • 1 500 € (tax included) for all registrations from 01st of March 2023

Students (initial training):

  • 500 €* (tax included)

* subject to validation by the university authorities

Information and registration

Enrolment is closed.

For any educational or administrative/registration questions, please send an email to frand-seminar[at]ceipi.edu

Head of studies

Pauline Debré, IP Partner, Linklaters, Paris.

Nicolas Ereseo, Associate Professor at the University of Strasbourg.

Yann Basire, Associate Professor at CEIPI, University of Strasbourg, Director General and Director of the French Section of CEIPI.

Field

Intellectual property Law