What changed between the plenary report and the adopted text

Added:(b) where available, its standard terms and conditions for SEP licensing, including its royalty, royalty-free and discount policies, within 7 months from the opening of the registration for the relevant standard and implementation by the competence centre. [Am. 104]

Removed:Article 42 – paragraph 1: 1. After the case is referred to the panel of conciliators in accordance with Article 40(2), it shall examine whether the request contains the information required under Article 36 in accordance with the Rules of procedure.

Added:Article 8 Information pertaining toon essentiality [Am. 105]

Removed:Article 42 – paragraph 2: 2. The panel of conciliators shall communicate to the parties or the party requesting the continuation of the FRAND determination the conduct as well as the schedule of procedure.

Added:A SEP holder shall provide to the competence centre the following information to be included in the database and referenced in the register:

Removed:Article 43 – paragraph 1: The panel of conciliators shall invite each party to file written submissions setting out its arguments concerning the determination of the applicable FRAND terms and conditions, including supporting documentation and evidence, and set appropriate time limits.

Added:(a) a final decision on essentiality for a registered SEP made by a competent court of a Member State within 62 months from the publication of suchafter the decision. has become final; [Am. 106]

Removed:Article 44 – paragraph 1: 1. A party may submit an objection stating that the panel of conciliators is unable to make a FRAND determination on legal grounds, such as a previous binding FRAND determination or agreement between the parties, at any time. The other party shall be given opportunity to submit its observations.

Added:(b) any other essentiality check prior to [OJ: please insert the date = 24 months from entry into force of this regulation] by an independent evaluator in the context of, for example, a patent a pool, identifying the SEP registration number, the identity of the patent pool and its administrator, and the evaluator. [Am. 107]

Removed:Article 44 – paragraph 2: 2. The panel of conciliators shall decide on the objection and either reject it as unfounded before considering the merits of the case or join it to the examination of the merits of the FRAND determination. If the panel of conciliators overrules the objection or joins it to the examination of the merits of the determination of FRAND terms and conditions, it shall resume consideration of the determination of FRAND terms and conditions.

Added:Article 9 Information to be provided by patent pools

Removed:Article 44 – paragraph 3: 3. If the panel of conciliators decides that the objection is founded, it shall terminate the FRAND determination and shall draw up a report stating the reasons of the decision.

Added:1. Patent pools shall publish on their websites at least the following accurate and updated information and inform the competence centre thereof: [Am. 108]

Removed:Article 45 – paragraph 1: 1. The panel of conciliators shall assist the parties in an independent and impartial manner in their endeavour to reach a determination of FRAND terms and conditions.

Added:(a) standards subject to collective licensing;

Removed:Article 45 – paragraph 2: 2. The panel of conciliators may invite the parties or the party requesting the continuation of the FRAND determination to meet with it or may communicate with it orally or in writing.

Added:(b) the administrative entity’s shareholders or ownership structure;

Removed:Article 45 – paragraph 3: 3. The parties or the party requesting the continuation of the FRAND determination shall cooperate in good faith with the panel of conciliators and, in particular, shall attend the meetings, comply with its requests to submit all relevant documents, information and explanations as well as use the means at their disposal to enable the panel of conciliators to hear witnesses and experts whom the conciliator might call.

Added:(c) process for evaluating SEPs;

Removed:Article 45 – paragraph 5: 5. At any stage of the procedure upon request by both parties, or the party requesting the continuation of the FRAND determination, as applicable, the panel of conciliators shall terminate the FRAND determination.

Added:(d) roster of evaluators having residence in the Union;

Removed:Article 46 – paragraph 1 – point a: (a) fails to comply with Article 45(3) or any request of the panel of conciliators Rules of procedure or schedule of procedure referred to in Article 42(2), or

Added:(e) list of evaluated SEPs and list of SEPs being licensed;

Removed:Article 46 – paragraph 1 – point b: deleted

Added:(f) illustrative cross-references to the standard;

Removed:Article 46 – paragraph 1 – subparagraph 1: the panel of conciliators shall inform both parties thereof.

Added:(g) list of products, services and processes that may be licensed through the patent pool or the entity; [Am. 109]

Removed:Article 46 – paragraph 2 – introductory part: 2. Having received the notification of the panel of conciliators, the complying party may ask the panel of conciliators to take one of the following actions:

Added:(h) royalties, royalty-free and discount policy per product categorypolicies per implementation including information on royalty calculation per SEP owner in the pool and aggregate royalty rate, if applicable; [Am. 110]

Removed:Article 46 – paragraph 3: 3. If the party requesting the continuation of the FRAND determination fails to comply with any request of the panel of conciliators or in any other way fails to comply with a requirement relating to the FRAND determination, the panel of conciliators shall terminate the procedure.

Added:(i) standard licence agreement per product categoryimplementation; [Am. 111]

Removed:Article 47 – paragraph 2: 2. Where a parallel proceeding has been initiated before or during the FRAND determination by a party, the panel of conciliators, or where it has not been appointed, the competence centre, shall terminate the FRAND determination upon the request of the other party.

Added:(j) list of licensors in each product categoryimplementation; [Am. 112]

Removed:Article 48 – paragraph 1: 1. Without prejudice to the protection of confidentiality in accordance with Article 54(3) at any time during the FRAND determination, at the request of a party or on its own motion, the panel of conciliators may request the production of documents or other evidence.

Added:(k) list of licensees for each product categoryimplementation. [Am. 113]

Removed:Article 48 – paragraph 2: 2. The panel of conciliators may examine publicly available information and the competence centre’s register, database and confidential and non-confidential reports of other FRAND determinations, aggregate royalty determinations and results of essentiality checks, as well as other non-confidential documents and information produced by or submitted to the competence centre.

Added:1a. The competence centre shall verify the information submitted by patent pools in accordance with paragraph 1 on a regular basis and at least once a year, based on a methodology it develops for this purpose, ensuring that the verification process is thorough, transparent and consistent. That methodology shall be made available to patent pools and to other stakeholders for the sake of transparency. [Am. 114]

Removed:Article 49 – paragraph 1: The panel of conciliators may hear witnesses and experts requested by either party provided that the evidence is necessary for the FRAND determination and that there is time to consider such evidence.

Added:1b. The competence centre shall prepare a report detailing the outcomes of its verification, including with regard to patent pools’ compliance with paragraph 1, any discrepancies or missing information identified, and the corrective actions taken or recommended. That report shall be submitted to the Commission within one month following the completion of each verification cycle. [Am. 115]

Removed:Article 50 – paragraph 1: 1. At any time during the FRAND determination, the panel of conciliators or a party on its own motion or by invitation of the panel of conciliators may submit proposals for a determination of FRAND terms and conditions.

Added:Article 10 Information on decisions on SEPs

Removed:Article 50 – paragraph 3: 3. When submitting suggestions for FRAND terms and conditions, the panel of conciliators shall take into account the impact of the determination FRAND terms and conditions on the value chain and on the incentives to innovation of both the SEP holder and the stakeholders in the relevant value chain. To that end, the panel of conciliators may rely on the expert opinion referred to in Article 18 or, in case of absence of such an opinion request additional information and hear experts or stakeholders.

Added:1. Competent courts of Member States shall notify the competence centre within 62 months from the adoption of a judgmentafter the decision concerning SEPs has become final on: [Am. 116]

Removed:Article 51 – title: Recommendation of a determination of FRAND terms and conditions by the panel of conciliators

Added:(a) injunctions;

Removed:Article 51 – paragraph 1: The panel of conciliators shall notify the parties a written recommendation of a determination of FRAND terms and conditions at the latest 5 months before the time limit referred to in Article 37.

Added:(b) infringement proceedingsinfringements; [Am. 117]

Removed:Article 52 – paragraph 1: Following the notification of the written recommendation of FRAND terms and conditions by the panel of conciliators, either party shall submit a detailed and reasoned proposal for a determination of FRAND terms and conditions. If a party has already submitted a proposal for the determination of FRAND terms and conditions, revised versions shall be submitted, if necessary, taking into account the recommendation of the panel of conciliators.

Added:(c) essentiality and validity;

Removed:Article 53 – paragraph 1: If the panel of conciliators considers it necessary or if a party so requests, an oral hearing shall be held within 20 days after the submission of reasoned proposals for determination of FRAND terms and conditions.

Added:(d) abuse of dominance;

Removed:Article 54 – paragraph 1: 1. When the panel of conciliators receives information for the purposes of FRAND determination from a party, it shall disclose it to the other party so that the other party has the opportunity to present any explanation.

Added:(e) determination of FRAND terms and conditions.

Removed:Article 54 – paragraph 2: 2. A party may request the panel of conciliators that specific information in a submitted document is kept confidential.

Added:2. Any person may inform the competence centre about any judicial proceeding or alternative dispute resolution proceeding concerning a SEP.

Removed:Article 54 – paragraph 3: 3. When a party requests the information in a document it had submitted to be kept confidential, the panel of conciliators shall not disclose that information to the other party. The party invoking confidentiality shall also provide a non-confidential version of the information submitted in confidence in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence. This non-confidential version shall be disclosed to the other party.

Added:Article 11 Information on FRAND determinations

Removed:Article 55 – paragraph 1: 1. At the latest 45 days before the end of the time limit referred to in Article 37, the panel of conciliators shall submit a reasoned proposal for a determination of FRAND terms and conditions to the parties or, as applicable, the party requesting the continuation of the FRAND determination.

Added:1. Persons involved in alternative dispute resolution proceedings concerning SEPs in force in a Member State shall disclose to the competence centre within 64 months from the termination of the procedure the standards and the implementations concerned, the methodology used for the calculation of FRAND terms and conditions, information on the name of the parties, and on specific licensing rates determined. [Am. 118]

Removed:Article 55 – paragraph 2: 2. Either party may submit observations to the proposal and suggest amendments within a deadline set by the panel of conciliators, who may reformulate its proposal to take into account the observations submitted by the parties and shall promptly inform the parties or the party requesting the continuation of the FRAND determination, as applicable, of such reformulation.