Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 30 Jan 2024
on the proposal for a regulation of the European Parliament and of the Council on standard essential patents and amending Regulation (EU) 2017/1001
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+688 added · −306 removed · 2 changed paragraphs, packaging included.
Part 10 of 18: Paragraphs 541–555
Added:7. After expiry of the time limit referred to in paragraph (6) the competence centre shall consider all comments received including all relevant technical specifications and implementations and publish the information pursuant to paragraph (1).
Removed:Article 70 – paragraph 1: 1. By … [OJ: please insert the date = 5 years from entry into force of this Regulation], and every three years thereafter, the Commission shall evaluate the implementation of this Regulation. The evaluation shall assess the operation of this Regulation, in particular:
Added:Article 15 Notification of an aggregate royalty to the competence centre
Removed:Article 70 – paragraph 1 – point a (new): (a) the impact, effectiveness and efficiency of the competence centre and its working methods;
Added:1. Holders of SEPs in force in one or more Member States for which FRAND commitments have or have not been made may jointly notify the competence centre the aggregate royalty for theall SEPs covering a standard. [Am. 129]
Removed:Article 70 – paragraph 1 – point b (new): (b) the effectiveness and efficiency of the SEP registration and the essentiality check system; and
Added:2. The notification made in accordance with paragraph (1) shall contain the information on the following:
Removed:Article 70 – paragraph 1 – point c (new): (c) the impact that the essentiality check system, the aggregate royalties determination and the FRAND determination system have, in particular on the competitiveness of the Union SEP holders on a global level and on innovation in the Union.
Added:(a) the commercial name of the standard;
Removed:Article 70 – paragraph 2: deleted
Added:(b) the list of technical specifications that define the standard;
Removed:Article 70 – paragraph 3: 3. When preparing the evaluation reports referred to in paragraph 1, the Commission shall consult the EUIPO and stakeholders.
Added:(c) the names of the SEP holders making the notification referred to in paragraph (1);
Removed:Article 70 – paragraph 4: 4. The Commission shall submit the evaluation reports referred to in paragraph 1, together with its conclusions drawn based on those reports to the European Parliament, to the Council, to the European Economic and Social Committee and to the Management Board of the EUIPO. The evaluation report referred to in paragraph 1 shall be accompanied, where appropriate, by a legislative proposal.
Added:(d) the estimated percentage the SEP holders referred to in paragraph (1) represent from all SEP holders;