What changed between the plenary report and the adopted text

Added:2. No confidential information shall be disclosed by the competence centre without the prior consent of the affected party.

Removed:Article 56 – paragraph 1 – point b: (b) a written declaration is signed by the parties accepting the reasoned proposal for a determination of FRAND terms and conditions by the panel of conciliators referred to in Article 55;

Added:Article 12 Information on SEP related rules in third countries

Removed:Article 56 – paragraph 1 – point c: (c) a written declaration is made by a party not to accept the reasoned proposal of a determination of FRAND terms and conditions by the panel of conciliators referred to in Article 55;

Added:1. The competence centre shall collect, duly verify and promptly and publish in the database information on any SEP related rules in any third country in the database. The competence centre may also collect information on compliance with this Regulation in third countries as well as monitor its impact on implementers. [Am. 119]

Removed:Article 56 – paragraph 1 – point d: (d) a party has not submitted a reply to the reasoned proposal of a determination of FRAND terms and conditions by the panel of conciliators referred to in Article 55.

Added:2. Any person may provide the competence centre with such information as well as information on updates, corrections and public consultations. The competence centre shall publish that information in the database after verifying its accuracy. [Am. 120]

Removed:Article 56 – paragraph 4: 4. A competent court of a Member State, asked to decide on determination of FRAND terms and conditions, including in abuse of dominance cases among private parties, or SEP infringement claim concerning a SEP in force in one or more Member States subject to the FRAND determination shall not proceed with the examination of the merits of that claim, unless it has been served with a notice of termination of the FRAND determination.

Added:2a. In order to facilitate effective implementation of this Regulation, the competence centre may cooperate, engage and exchange information with, amongst others, authorities of third countries and international organisations dealing with SEPs, in particular as regards the information on SEP related rules in third countries or the prevention of parallel proceedings. [Am. 121]

Removed:Article 57 – paragraph 1: 1. The panel of conciliators shall provide the parties with a written report following the termination of the FRAND determination in cases listed in Article 56(1), point (c) and Article 56(1), point (d).

Added:Article 13 Enhancing transparency and information sharing

Removed:Article 57 – paragraph 2 -– point d: (d) a non-confidential methodology and the assessment of the determination of FRAND terms and conditions by the panel of conciliators.

Added:1. The competence centre shall store in the database all the data provided by stakeholders, as well as reasoned opinions and reports of evaluators and conciliators. [Am. 122]

Removed:Article 58 – paragraph 1: 1. Except the methodology and the assessment of the FRAND determination by the panel of conciliators referred to in Article 57(2), point (d), the competence centre shall keep confidential the determination of FRAND terms and conditions, any proposals for determination of FRAND terms and conditions submitted during the procedure and any documentary or other evidence disclosed during the FRAND determination which is not publicly available, unless otherwise provided by the parties.

Added:2. The collection, storage and processing of such data shall serve the purposes of:

Removed:Article 60 – paragraph 1 a (new): 1a. The period specified in days ends on the last day, a period marked in weeks ends at the end of the day in the last week, a period specified in months ends on the expiry of the day corresponding to the initial day of the period, and if there was no such day in the last month - then on the last day of that month, a period marked in years ends on the expiry of the day corresponding to the initial day of a given period, and if there was no such day, the end date will be the last day of that month.

Added:(a) administering the registrations of SEPs, essentiality checks and conciliation proceedings pursuant to this Regulation;

Removed:Article 61 – title: SEP Licensing Assistance Hub for SMEs and start ups

Added:(b) accessing the information necessary for conducting those proceedings more easily and efficiently;

Removed:Article 61 – paragraph 1: 1. The competence centre shall set up and manage a SEP Licensing Assistance Hub for SMEs and start-ups which shall help the SMEs and start-ups with following tasks free of charge:

Added:(c) communicating with the parties to the proceedings;

Removed:Article 61 – paragraph 1 – point a (new): (a) identification of which SEPs might be relevant to their product or service, possible licensors and patent pools, in the event that the SME or the start-up is a SEP implementer;

Added:(ca) making available to interested persons SEPs, standards and implementations, with the use of easily accessible research tools and reasonably understandable search results; [Am. 123]

Removed:Article 61 – paragraph 1 – point b (new): (b) identification of possible licensees and, with the help of the European Observatory on infringements of intellectual property rights, advise them on how to best enforce their SEP rights on European and global level, in the event that the SME or the start-up is a SEP holder;

Added:(d) producing reports and statistics enabling the competence centre to improve its operations and the functioning of the registration of SEPs and the proceedings under this Regulation.

Removed:Article 61 – paragraph 1 – point c (new): (c) offer training and support on SEP related matters.

Added:(da) facilitating assessments of SEP licensing practices and their impact on the internal market, innovation and access to standardised technology. [Am. 124]

Removed:Article 61 – paragraph 1 – subparagraph 1 a (new): The competence centre shall not be held liable for any help provided to SMEs and start-ups under this paragraph. When performing the tasks referred to in this paragraph, the competence centre may work in close cooperation with national patent offices and governmental schemes that support SMEs.

Added:3. The competence centre shall include in the database case-law from competent courts of Member States, from third country jurisdictions and alternative dispute resolution bodies.

Removed:Article 61 – paragraph 1 a (new): 1a. The competence centre shall, on a regular basis, proactively seek input from SMEs and start-ups on what training and support would be most helpful.

Added:4. The competence centre shall collect all information on FRAND terms and conditions, including any discounts, which have been made public by SEP holders, disclosed to it pursuant to Article 11 and included in the FRAND determination reports and shall make such disclosures accessible to public authorities in the Union, including competent courts of Member States, subject to a written request. Confidential documents shall be accompanied by 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.

Removed:Article 61 – paragraph 2: 2. The competence centre may commission studies, if it considers it necessary, to assist SMEs on SEP related matters. Such studies may include analysis, based on information provided by SEP holders and implementers regarding licenses entered into, royalties paid or collected, and products sold for IoT applications, and the competence centre may provide estimates of licensing costs for such applications to SMEs.

Added:5. The competence centre shall publish in the database an annual report on methodologies for FRAND determinations based on information from court and arbitration decisions and statistical information on licences and licensed products from the FRAND determinations.

Removed:Article 61 – paragraph 3: 3. The costs of the services referred to in paragraph (1) and paragraph (2) shall be borne by the EUIPO and the EUIPO shall ensure that the services are sufficiently funded and resourced.

Added:6. Upon a reasoned request by a stakeholder, any confidential information shall be redacted in a non-confidential format before the competence centre publishes or transmits such information.

Removed:Article 61 – paragraph 3 a (new): 3a. Paragraphs 1 and 2 shall not apply to patent assertion entities or to SMEs, which are a subsidiary, affiliate, or owned or directly or indirectly controlled by another natural or legal person that is not a SME itself.

Added:Chapter 2 Notification of a standard and an aggregate royalty

Removed:Article 62 – paragraph 2: 2. When a SEP holder, or concludes a SEP licence that includes more favourable terms and conditions, than those offered to companies that are not an SME pursuant to paragraph (1), such FRAND terms and conditions shall not be considered in a FRAND determination, unless the FRAND determination is conducted solely with regard to FRAND terms and conditions for another micro, small or medium-sized enterprise.

Added:Article 14 Notification of a standard to the competence centre

Removed:Article 62 – paragraph 3: 3. SEP holders shall also consider discounts, spreading payments into interest-free instalments or royalty-free licensing for low sales volumes irrespective of the size of the implementer taking the licence. Such discounts or royalty-free licensing shall be fair, reasonable and non-discriminatory and shall be available in the electronic database as set out in Article 5(2), point (b).

Added:1. Holders of a patentpatents in force in one or more Member States which isare claimed to be essential to a standard for which FRAND commitments have or have not been made shall notify to the competence centre, where possible through the standard development organisation or through a joint notification, the following information: [Am. 125]

Removed:Article 62 – paragraph 3 a (new): 3a. Any benefits granted to SMEs under this Regulation may be withheld or withdrawn in cases of circumvention or misuse.

Added:(a) the commercial name of a standard;

Removed:Article 63 – paragraph 4: 4. The level of the fees shall be reasonable and limited to the costs of the services. It shall take into account the situation of micro, small and medium-sized enterprises.

Added:(b) the list of relevant technical specifications that define the standard;

Removed:Article 65 a (new): Article 65a / Reasoned request to the Commission / A SEP holder or a SEP implementer may submit a reasoned request to the Commission to determine whether: / (a) the SEP licensing negotiations on FRAND terms and conditions do not give rise to significant difficulties or inefficiencies affecting the functioning of the internal market as regards identified implementations of certain standards or parts thereof within 1 month of the publication of the standard by the Standard Development Organisation; / (b) the functioning of the internal market is severely distorted due to significant difficulties or inefficiencies in the licensing of SEPs for particular existing implementations of standards or parts thereof within 12 months of the entry into force of this Regulation.

Added:(c) the date of the publication of the latest technical specification;

Removed:Article 65 b (new): Article 65b / Delegated acts with respect to new standards / 1. Within 4 months of the receipt of the request referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 67 and after an appropriate consultation process including all relevant stakeholders and to establish a list of implementations, standards or parts thereof, where SEP licensing negotiations on FRAND terms do not give rise to significant difficulties or inefficiencies affecting the functioning of the internal market. / 2. The Commission shall review the list referred to in paragraph 1 once a year in order to determine if it needs to be updated. / 3. The procedure under this Article shall not affect the time limits set out in Articles 17 and 18.

Added:(d) implementations of the standard known to the SEP holders making the notification.

Removed:Article 65 c (new): Article 65c / Delegated acts with respect to existing standards / 1. The Commission shall conduct appropriate consultations including relevant stakeholders. / 2. After considering all evidence and expert opinions, the Commission is empowered to adopt a delegated act in accordance with Article 67 to establish a list determining which of the existing implementations of standards or parts thereof can be notified in accordance with Article 66(1) or (2). By means of that delegated act, the Commission shall also determine which procedures, notification and publication requirements set out in this Regulation apply to those existing standards, parts thereof or relevant implementations. The delegated act shall be adopted by ... [OJ: please insert the date 18 months from entry into force of this Regulation]. The Commission shall check once a year if the list needs to be updated.

Added:2. Such notification shall be made within 30 days of the publication of the latest technical specification.

Removed:Article 66 – paragraph 1: 1. Until … [OJ: please insert the date = 28 months from the entry into force of this Regulation] holders of SEPs essential to a standard published before the entry into force of this Regulation (‘existing standards’), for which FRAND commitments have or have not been made, may notify the competence centre pursuant to Articles 14, 15 and 17 of any of the existing standards or parts thereof that will be determined in the delegated act in accordance with Article 65c. The procedures, notification and publication requirements set out in this Regulation apply mutatis mutandis.

Added:3. In the absence of the notification under paragraph (1), any holder of a SEP in force in one or more Member StateStates shall notify individually, no later than 90 days from the publication of the latest technical specification, to the competence centre the information referred to in paragraph (1). [Am. 126]

Removed:Article 66 – paragraph 4: deleted

Added:4. In the absence of notification under paragraph (1) or under paragraph (3) any implementer may notify, to the competence centre the information referred to in paragraph (1).

Removed:Article 67 – paragraph 2: 2. The power to adopt a delegated act referred to in Articles 4(5), 65b and 65c shall be conferred on the Commission for an indeterminate period of time from the date of entry into force of this Regulation.

Added:5. The competence centre shall also notify the relevant standard development organisation of the publicationnotification. In case of notification pursuant to paragraphs (3) and (4), it shall also notify, where possible, known SEP holders individually or request confirmation from the standard development organisation that it has duly notified the SEP holders. [Am. 127]

Removed:Article 67 – paragraph 3: 3. The delegation of power referred to in Articles 4(5), 65b and 65c may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Added:6. The competence centre shall publish on the EUIPO website the notifications made pursuant to paragraphs (1), (3), (4) and (4a) and (4) for comments by stakeholders. Stakeholders may submit their comments to the competence centre within 30 days from the publication of the list. [Am. 128]

Removed:Article 67 – paragraph 6: 6. A delegated act adopted pursuant to Articles 4(5), 65b and 65c shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.